A federal judge has ruled that the CDC misused its authority in giving a nationwide ban on evictions. The eviction ban — started last June when Trump was president — was prolonged by Biden to June 30.
“The pandemic has caused hard decisions with huge consequences. The eviction moratorium is one of those decisions,” D.C. District Court Judge Dabney Friedrich, who is a Trump appointee, said on Wednesday.
No one knew for sure if the CDC had the ability to impose restrictions on interstate commerce. Judge Friedrich declared that the act which governs the CDC gave it no such ability.
“It is the responsibility of the branches, not the courts, to analyze policy measures created to combat the spread of diseases, even during a pandemic,” his order said. “The question is narrow: Does the Public Health Service Act give the CDC the ability to enact a nationwide eviction moratorium? The answer is no.”
The judge’s ruling has no affect on the numerous liberal state bans on evictions, although any challenges to them now have a much greater likelihood of success.
The Biden administration has already said it will appeal this ruling. But the order is already expiring on June 30, which might mean Biden wants to extend it again.
The eviction moratorium has wreaked damage on the industry. It is likely that when everything is over, there will be much less rental homes available than tenants looking for a place to live.
Author: Steven Sinclaire
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