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Supreme Court Strikes Down Biden's Eviction Moratorium


On Thursday, the Supreme Court blocked the Biden administration from enforcing the latest eviction moratorium ordered by the Center for Disease Control (CDC).

“The CDC’s moratorium was originally slated to expire on December 31, 2020,” the Court wrote. “But Congress extended it for one month as part of the second COVID-19 relief Act. As the new deadline approached, the CDC again took matters into its own hands, extending its moratorium through March, then again through June, and ultimately through July.”

As previously reported, “The CDC found authority for passing the order through a creative reading of the Public Health Service Act of 1944, which gives the CDC the power to halt disease by providing for ‘such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures.’”

“The CDC used the ‘other measures’ standard to bridge the gap between acts like providing for ‘sanitation’ and effectively seizing homes owned by landlords to allow people to live there for free.”

The Supreme Court noted that this public health law “has rarely been invoked—and never before to justify an eviction moratorium. Regulations under this authority have generally been limited to quarantining infected individuals and prohibiting the import or sale of animals known to transmit disease [like] (banning small turtles known to be carriers of salmonella).”

The U.S. Sixth Circuit Court of Appeals explained, “That reading would grant the CDC director near-dictatorial power for the duration of the pandemic, with authority to shut down entire industries as freely as she could ban evictions.”

The Supreme Court discussed potential powers that reading could grant the CDC, writing, “Could the CDC, for example, mandate free grocery delivery to the homes of the sick or vulnerable? Require manufacturers to provide free computers to enable people to work from home? Order telecommunications companies to provide free high-speed Internet service to facilitate remote work?”

The Supreme Court concluded that in order for an eviction moratorium to be legislated, the legislative branch would need to do so.

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted,” the Court wrote.

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4 responses to “Supreme Court Strikes Down Biden’s Eviction Moratorium”

  1. Liquid9281 says:

    Has anyone seen an actual breakdown, maybe state by state, of the amount of people this is actually affecting? I live in Orlando, FL and have not seen anything locally about this being a major issue in the state so I am pretty clueless as to how this is going in other cities. Even just a top ten locations where this is the biggest problem would be interesting.

  2. UppityG says:

    Let’s see if Xiden obeys the law this time. I hope everyone learns their lesson: any time the govt says “jump,” you say “put it in writing with my name on it and have it lawfully served on me, and then my lawyer will get back to you.” Especially if you own a business open to the public.

  3. Ldyhorse says:

    Who the hell is the CDC to have power to do this? I hear the CDC is also looking into gun rights too?