The Department of Justice (DOJ) is appealing a judge’s decision that a The order of the Centers for Disease Control and Prevention (CDC) temporarily suspending evictions during the coronavirus pandemic is unconstitutional, according to a notice filed on Saturday night.
The Associated Press reports that prosecutors are appealing the District Judge J. Campbell Baker’s decision to the United States.our Resources section for the Fifth Circuit.
Baker decided last week that the CDC went beyond its authority by issuing the eviction moratorium.
“Although the COVID-19 pandemic persists, so does the Constitution,” wrote Barker in his decision.
“The federal government cannot say that it never invoked its power over interstate commerce to impose a moratorium on residential eviction,” said Barker, who was appointed by the former President Trump
Donald TrumpNoem praises the response to the South Dakota coronavirus, breaks down blockades in CPAC On The Trail speech: Cuomo and Newsom – a story of two troubled governors McCarthy: ‘I would bet my house’ GOP resumes lower house in 2022 MORE, added. “It was not what happened during the deadly Spanish flu pandemic. Nor did he invoke such power during the demands of the Great Depression. The federal government has not claimed such power at any time during our nation’s history until last year. “
The Trump administration issued broad eviction moratoriums in September last year, making it illegal to evict someone who earns less than $ 99,000 or a couple who hopes to earn less than $ 198,000. The Biden government extended the moratorium from February to June.
“The CDC eviction moratorium, which Congress extended last December, protects many renters who are unable to make their monthly payments due to job losses or health care expenses,” said assistant attorney general Brian Boynton in a statement. “By preventing people from becoming homeless or having to move to more crowded homes, the moratorium helps to slow the spread of COVID-19.”