The CDC’s September order banning eviction amid a pandemic cited a 1944 public health law that gives the agency certain powers to prevent communicable diseases from crossing state borders. The Biden government recently extended the moratorium until June.
“The federal government cannot say that it has never invoked its power over interstate commerce to impose a moratorium on residential eviction,” wrote district judge J. Campbell Barker in the decision.
“This did not happen during the deadly Spanish flu pandemic,” said Campbell. “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. “
Barker, appointed by President Donald Trump, also said that the government’s justification for prohibition under the Constitution’s trade clause was open: “The federal government therefore claims authority to suspend residential evictions for any reason, including the opinions of a agency on ‘justice’ ”, he wrote.
The Justice Department filed an appeal notice on Saturday.
Boynton noted that Congress approved the ban in his statement on the appeal.
“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 costs,” he said. , the moratorium helps to slow down the spread of Covid-19. “