Author Topic: In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional  (Read 277 times)

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Offline PeteS in CA

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In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional

https://justthenews.com/government/courts-law/texas-public-policy-foundation-says-challenged-eviction-moratorium-declared

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A federal judge has declared the Centers for Disease Control and Prevention temporary eviction moratorium unconstitutional, according to the Texas Public Policy Foundation.

The moratorium prohibits property owners from ousting tenants meeting certain criteria who are unable to pay their rent.

"Today, the court held that the federal government cannot interfere with private property rights or citizen's access to the courts to exercise their rights under state law," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement. "The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach."https://freebeacon.com/politics/lincoln-project-staffer-may-have-violated-campaign-finance-law-ethics-watchdog-says/
If, as anti-Covid-vaxxers claim, https://www.poynter.org/fact-checking/2021/robert-f-kennedy-jr-said-the-covid-19-vaccine-is-the-deadliest-vaccine-ever-made-thats-not-true/ , https://gospelnewsnetwork.org/2021/11/23/covid-shots-are-the-deadliest-vaccines-in-medical-history/ , The Vaccine is deadly, where in the US have Pfizer and Moderna hidden the millions of bodies of those who died of "vaccine injury"? Is reality a Big Pharma Shill?

Millions now living should have died. Anti-Covid-Vaxxer ghouls hardest hit.

Offline Sled Dog

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The fascists will be furious.   Justice Roberts will be getting a phone call telling him how to react.

Of course the moratorium is unconstitutional.  Violates the Taking Clause.

I suspect if we had the FBI's redaction pen and marked out those parts of the Constitution that have been made null and void by Rodent action this last century there wouldn't be much visible text left.   Probably even "We The People" would be crossed out and replaced with "Your Rodent Masters".
The GOP is not the party leadership.  The GOP is the party MEMBERSHIP.   The members need to kick the leaders out if they leaders are going the wrong way.  No coddling allowed.

Offline PeteS in CA

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Related, though a different state and basis for the ruling:

CDC eviction moratorium exceeded authority, federal judge in Ohio rules

https://www.foxnews.com/us/cdc-eviction-moratorium-exceeded-authority-federal-judge-in-ohio-rules

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In a victory for landlords, a federal judge in Ohio ruled Thursday that the U.S. Centers for Disease Control and Prevention exceeded its authority when it ordered a moratorium on evictions in connection with the coronavirus pandemic.

The CDC's order went beyond what the federal Public Health Service Act allows the agency to do in halting housing evictions, U.S. District Judge J. Philip Calabrese said.

He did not, however, grant an injunction that would have stopped the agency from enforcing the moratorium.

The Justice Department is appealing another ruling two weeks earlier in which an Eastern Texas judge said the order was unconstitutional.
If, as anti-Covid-vaxxers claim, https://www.poynter.org/fact-checking/2021/robert-f-kennedy-jr-said-the-covid-19-vaccine-is-the-deadliest-vaccine-ever-made-thats-not-true/ , https://gospelnewsnetwork.org/2021/11/23/covid-shots-are-the-deadliest-vaccines-in-medical-history/ , The Vaccine is deadly, where in the US have Pfizer and Moderna hidden the millions of bodies of those who died of "vaccine injury"? Is reality a Big Pharma Shill?

Millions now living should have died. Anti-Covid-Vaxxer ghouls hardest hit.

Offline catfish1957

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Good. 

Still, I jettisoned my last housing rental property away 12 years ago, when it took 8 months legally to evict a non-paying renter.

Never ever ever ever again, will I go down that investment path.   
I display the Confederate Battle Flag in honor of my great great great grandfathers who spilled blood at Wilson's Creek and Shiloh.  5 others served in the WBTS with honor too.