Learning Resources, Inc. v. Trump · ¶75

Dissenting in Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U. S. 758 (2021) (per cu riam), my colleagues addressed a statute permitting the Centers for Disease Control and Prevention to issue regulations “necessary to prevent the . . . transmission . . . of communicable diseases.” Id., at 768 (opinion of Breyer, J., joined by Sotomayor and Kagan, JJ.) (internal quotation marks omitted). As they saw it, those terms granted the agency the power to regulate landlord-tenant relations nationwide during COVID–19. Ibid. In reaching this conclusion, my colleagues again highlighted the statute's “broad” language and suggested that it permitted the agency to impose even “greater restrictions” than the ones at issue in the case. Id., at 769.

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