A federal judge in Texas ruled on Thursday that the national eviction moratorium aimed at helping victims of the coronavirus pandemic to maintain their homes is unconstitutional.
In a 21-page decision, Judge John Campbell Barker said that the eviction moratorium at the Centers for Disease Control and Prevention is unprecedented and extensive, and while individual states have the power to impose such restrictions, the federal government does not. has.
“The federal government cannot say that it never invoked its power over interstate commerce to impose a moratorium on residential eviction,” wrote Barker. “It did not do so during the deadly Spanish flu pandemic. Nor did it invoke such power during the demands of the Great Depression. The federal government has not claimed such power at any point in our nation’s history until last year.”
“Although the Covid-19 pandemic persists, the Constitution also persists,” he added.
The scope of the request is not clear. Barker wrote that, given the defendants ‘”representations to the court, it is’ anticipated that [defendants] would respect the declaratory judgment. ‘”
A Justice Department spokesman, who represented the CDC in the case, declined to comment on the decision.
The moratorium was first enacted as part of the first coronavirus stimulus bill, the Cares Act, signed by then President Donald Trump last March. It expired in July last year and was followed by the CDC’s request in September, which was due to expire in late January, but was extended until March by President Joe Biden’s CDC director, Rochelle P. Walensky.
Walensky said the change was necessary because, although the pandemic “posed a historic threat to the health of our nation”, it also “triggered a housing accessibility crisis that disproportionately affects some communities”.
“We must act to eliminate cases and keep people in their homes and out of the congregated environments – such as shelters – where Covid-19 can become even more established,” she said in January.
In his decision, Barker, who was appointed to the court by Trump in 2018, said the federal government exceeded the order.
“Here, regulated activity is not the production or use of a commodity that is traded on an interstate market. Instead, the disputed order regulates property rights in buildings – specifically, whether an owner can regain ownership of an inhabitant, “he wrote, adding,” Real estate is inherently local. “
It is not clear whether the DOJ will appeal the decision. The CDC’s order is set to expire on March 31.
Biden earlier this month extended a foreclosure and foreclosure moratorium until the end of June in an effort to mitigate the economic impact of the pandemic.
