Judge strikes down federal moratorium on evictions; Biden administration says it will appeal

[Yo_Mama_Been_Loggin]

WASHINGTON – A federal judge has thrown out a national moratorium on evictions enacted last year to help Americans who have fallen behind on their rent during the coronavirus pandemic.

U.S. District Judge Dabney L. Friedrich of the District of Columbia ruled Wednesday the federal government overreached in enacting the ban.

“The court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole,” Friedrich wrote in a 20-page decision. “The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision.”

But the Centers for Disease Control and Prevention does not have the authority under the Public Health Service Act to impose a national moratorium, Friedrich said.

The Justice Department has filed a notice to appeal and "respectfully disagrees" with the ruling, Brian Boynton, acting assistant attorney general for the department's Civil Division, said in a statement.

https://www.msn.com/en-us/news/us/judge-strikes-down-federal-moratorium-on-evictions-biden-administration-says-it-will-appeal/ar-BB1gopGU

[Make7]

1. That was part of the CARES act, so Congress should have the authority.

This needs to be a standalone bill passed in the House ASAP so it can be brought to the floor of the Senate to get Republican Senators on the record should they defeat it.

[Klaralven]

5. That provision in the CARES act expired

Congress enacted a 120-day eviction moratorium last spring as part of the CARES Act, which provided relief for American families and workers suffering from financial hardship because of COVID. When the moratorium expired, the U.S. Department of Health and Human Services, through the CDC, issued a broader eviction moratorium that applied to all rental properties nationwide.

[Make7]

6. I understand that. The court ruled the CDC doesn't have the authority to enact a moratorium.

Since the CARES act did have a moratorium that was not challenged (as far as I know), I am assuming Congress does have the authority to enact an eviction moratorium.

The House should pass a new standalone bill and send it to the Senate, where it will either pass or Republicans will have to go on record opposing it.

[Klaralven]

7. For a longer period of time, it may be an unconstitutional regulatory takng

https://en.wikipedia.org/wiki/Regulatory_takings_in_the_United_States

Because the period was short, I don't think it was adjudicated.

[CatWoman]

3. K; R

[crickets]

4. K&R for visibility.