Federal Judge Tosses National Eviction Moratoriumhttps://www.nationalreview.com/news/federal-judge-tosses-national-eviction-moratorium/A federal judge on Wednesday invalidated a national eviction moratorium after finding that the COVID-19 pandemic policy exceeded the authority of the Centers for Disease Control and Prevention.
U.S. District Court for the District of Columbia Judge Dabney Friedrich threw out the measure, which was enacted by Congress in March 2020 as part of the CARES Act and later extended by President Biden until June 30, 2021. Lawmakers cited the Public Health Service Act of 1944, which grants the federal government the authority to impose quarantines and other measures to handle health emergencies, as justification for the provision.
“The question for the court is a narrow one: Does the Public Health Service Act grant the C.D.C. the legal authority to impose a nationwide eviction moratorium?” Friedrich wrote in a 20-page decision. “It does not.”
IIRC, this is the third circuit in which a district court has overturned the eviction moratorium, and the decisions, at most, apply
within those circuits. The Feds, under Biden, are likely, IMO, to fight this until it is mooted by events or it reaches the USSC. I think this will be overtaken by events and left somewhere in whatever state the districts courts leave it.
