U.S. Supreme Court ends federal eviction moratorium


Our weekly summary of federal news highlights the U.S. Supreme Court ending the federal eviction moratorium and the DCCC outraising the NRCC for the first time since April. Read all about it in this week’s edition of the Federal Tap.

Congress is in session

The Senate will be out of session next week, and the House will be in session on Aug. 31. Click here to see the full calendar for the first session of the 117th Congress.

SCOTUS is out of session

The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here.

Where was the president last week?

On Monday, Biden met with his national security team to discuss Afghanistan and delivered remarks on COVID-19.

On Tuesday, Biden met with G7 leaders to discuss Afghanistan and delivered remarks on evacuating Americans from Afghanistan.

On Wednesday, Biden met with Cabinet members and others to discuss cybersecurity. 

On Thursday, Biden spoke about the attack at Hamid Karzai International Airport and the U.S. service members and Afghan victims killed and wounded.

On Friday, Biden met with Naftali Bennett, Prime Minister of the State of Israel and received the weekly economic briefing.

Federal Judiciary

  • 85 federal judicial vacancies
  • 22 pending nominations
  • 33 future federal judicial vacancies

SCOTUS adds two cases to its 2021-2022 term

The U.S. Supreme Court accepted two cases for review during its 2021-2022 term on Aug. 23. With the addition of these two cases, the court has granted review in a total of 33 cases for the term, which is scheduled to begin on Oct. 4. 

  • Johnson v. Arteaga-Martinez concerns the right of non-citizens to a bond hearing after a certain amount of time in immigration detention. The question presented to the court was, “Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the alien is a flight risk or a danger to the community.” Arteaga-Martinez originated from the U.S. Court of Appeals for the 3rd Circuit.
  • Garland v. Gonzalez concerns the right of non-citizens in immigration detention to a bond hearing and the jurisdiction of federal courts to grant class-wide injunctive relief in such cases. Two questions were presented to the court: “1. Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the alien is a flight risk or a danger to the community. 2. Whether, under 8 U.S.C. § 1252 (f) (1), the courts below had jurisdiction to grant classwide injunctive relief.” Gonzalez originated from the U.S. Court of Appeals for the 9th Circuit.

The Supreme Court finished hearing oral arguments for its 2020-2021 term in May 2021. During the term, the court issued 67 opinions, with two cases decided in one consolidated opinion and 10 cases decided without oral argument. The court’s 2021-2022 term begins on Oct. 4 with oral arguments in Mississippi v. Tennessee and Wooden v. United States.

Democratic Congressional Campaign Committee outraises National Republican Congressional Committee for the first time since April

A recent Ballotpedia analysis found that six major political party committees have raised a combined $478 million over the first seven months of the 2022 election cycle. In July, the committees raised $83 million, according to recent filings with the Federal Election Commission.

The National Republican Congressional Committee (NRCC) raised $7.0 million and spent $5.2 million in July, while the Democratic Congressional Campaign Committee (DCCC) raised $11.3 million and spent $6.2 million. July was the first month the DCCC outraised the NRCC since April. So far in the 2022 election cycle, the NRCC has raised 5.2% more than the DCCC ($86.3 million to $81.9 million). 

The senatorial committees raised less than their house counterparts last month. The National Republican Senatorial Committee (NRSC) raised $7.5 million and spent $8.4 million. The Democratic Senatorial Campaign Committee (DSCC) raised $6.5 million and spent $7.8 million. The NRSC has raised 10.1% more than the DSCC so far in the 2022 election cycle ($58.7 million to $53.1 million).

Between the national committees, the Democratic National Committee (DNC) raised more in July, and the Republican National Committee (RNC) spent more. The DNC raised $13.1 million and spent $8.3 million, while the RNC raised $12.9 million and spent $15.6 million. So far in the 2022 election cycle, the DNC has raised 2.3% more than the RNC ($100.2 million to $97.9 million).

So far in the 2022 election cycle, the RNC, NRSC, and NRCC have raised 3.2% more than the  DNC, DSCC, and DCCC ($242.9 million to $235.2 million). The Republican committees’ fundraising advantage is down from 5.3% last month.

U.S. Supreme Court ends federal eviction moratorium

On Thursday, Aug. 26, the U.S. Supreme Court ruled against the Centers for Disease Control and Prevention’s (CDC) Aug. 3 eviction moratorium in an unsigned opinion. The Court ruled only Congress could authorize a federal eviction moratorium. Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan wrote dissenting opinions.   


The moratorium had halted evictions for nonpayment of rent in parts of the country experiencing what the CDC defined as “substantial or high” levels of COVID-19 spread. The plaintiffs, a group of real estate agents, asked the Supreme Court to overturn the moratorium on an emergency basis, arguing the CDC lacked the authority to issue such a policy.

The CDC first issued a moratorium on evictions on Sept. 4, 2020, and extended it several times throughout the spring and summer of 2021. The CDC extended the moratorium, which applied to tenants regardless of COVID-19 transmission levels, on June 24. CDC Director Rochelle Walensky said it would be the final extension. On June 29, the Supreme Court of the United States declined to intervene to end the moratorium. Justice Brett Kavanaugh wrote at the time that he voted to allow the moratorium to stay in place because it was about to expire but that Congress would need to authorize any further extensions.