The “Eviction Moratorium” and the Constitution

To listen to this podcast episode, click on the Play button in the bar at the bottom of the screen. To listen while browsing, click on the Expand button at the bottom right to launch the player in a new browser tab/window.

On August 3, the Biden Administration issued an order from the Centers for Disease Control and Prevention creating a second “eviction moratorium” that extended the pause on eviction proceedings in state courts during the pandemic—sparking debate over whether such an action was legal and constitutional. Joining Jeffrey Rosen to debate those questions this week are Ilya Shapiro, vice president of the Cato Institute who’s written on this issue for Cato at Liberty, and Peter M. Shane, professor at the Ohio State University’s Moritz College of Law and author of a Washington Monthly piece about the moratorium. 

Additional resources and transcript available in our Media Library at

Questions or comments about the podcast? Email us at [email protected]


Mandate Madness—A Special Frontlines Episode

jesse kelly-01

TV: Biden's Sinking Ship