The Briefing Room

General Category => National/Breaking News => Topic started by: thackney on May 05, 2021, 07:17:28 pm

Title: Federal judge vacates CDC's eviction moratorium
Post by: thackney on May 05, 2021, 07:17:28 pm
Federal judge vacates CDC's eviction moratorium
https://thehill.com/regulation/court-battles/551910-federal-judge-vacates-cdcs-eviction-moratorium
05/05/21

A federal judge on Wednesday vacated a nationwide freeze on evictions that was put in place by federal health officials to help cash-strapped renters remain in their homes during the pandemic.

The ruling was a win for a coalition of property owners and realtors, who brought one of several challenges against the Centers for Disease Control and Prevention's (CDC) eviction moratorium, which was first enacted under former President Trump and later extended through June.

In a 20-page ruling, U.S. District Court Judge Dabney Friedrich, who was appointed by Trump, ruled that the agency exceeded its authority with the temporary ban....
Title: Re: Federal judge vacates CDC's eviction moratorium
Post by: Sled Dog on May 05, 2021, 08:32:52 pm
And who elected those medical bureaucrats to write legislation?   How did it take this long for a court to rule that those people lacked authority over what was clearly a matter under state jurisdiction?
Title: Re: Federal judge vacates CDC's eviction moratorium
Post by: PeteS in CA on May 05, 2021, 08:38:40 pm
Federal Judge Tosses National Eviction Moratorium

https://www.nationalreview.com/news/federal-judge-tosses-national-eviction-moratorium/ (https://www.nationalreview.com/news/federal-judge-tosses-national-eviction-moratorium/)

Quote
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.
Title: Re: Federal judge vacates CDC's eviction moratorium
Post by: PeteS in CA on May 06, 2021, 08:41:42 pm
Federal judge vacates CDC's eviction moratorium, but the DOJ has filed notice of appeal

https://justthenews.com/government/federal-judge-vacates-cdcs-eviction-moratorium (https://justthenews.com/government/federal-judge-vacates-cdcs-eviction-moratorium)

Quote
The Justice Department is challenging a federal judge's move to vacate the Centers for Disease Control and Prevention's pandemic-related eviction moratorium.
...
"The department has already filed a notice of appeal of the decision and intends to seek an emergency stay of the order pending appeal," acting Assistant Attorney General for the Justice Department's Civil Division Brian M. Boynton said in a statement.

This was predictable.
Title: Re: Federal judge vacates CDC's eviction moratorium
Post by: IsailedawayfromFR on May 07, 2021, 12:09:10 pm
Racist for the CDC to tell all those black landlords they could not kick out nonpaying tenants.

The CDC must hate blacks.