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Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

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. The majority insists that courts must uphold the political branches’ decision about how to balance social costs and benefits, Maj. Op. at 110 (quoting Henson v. Santander Consumer USA, Inc., — U.S. —, 137 S.Ct. 1718, 1725, 198 L.Ed.2d 177 (2017)). Yet even as it denies effect to a Congressional enactment and entirely ignores the wisdom of the Executive Branch (HUD’s guidance), it strews its opinion with references to the policy imperative of encouraging landlord participation in Section 8 (a red herring in the narrower cóntext of enhanced vouchers), Maj. Op. at 100-01, 106, solemnly intones about property owners’ rights, and the "burden[s]” placed upon them, Maj. Op. at 108 n.7, and insists that, the Hayes family’s imminent eviction notwithstanding, its interpretation will adequately protect tenants. Maj. Op. at 109-10. I fear that my colleagues may be treading into the deep waters of policymaking.