Federal Judge Rules CDC Eviction Ban Unconstitutional: DOJ Appeals

News outlets report that in late February, a federal judge in the Eastern District of Texas ruled that the CDC’s moratorium on evictions was unconstitutional, writing in part: 

“The government’s argument would thus allow a nationwide eviction moratorium long after the COVID-19 pandemic ends,” he wrote. “The eviction remedy could be suspended at any time based on fairness as perceived by Congress or perhaps an agency official delegated that judgment. Such broad authority over state remedies begins to resemble, in operation, a prohibited federal police power….Although the COVID-19 pandemic persists, so does the Constitution…”

Within two days of the ruling, the Biden Administration’s Justice Department announced it would appeal the decision.  The AP is reporting that prosecutors said they disagreed with the judge’s ruling and said it only applied to parties in this case, not broadly across the nation.

The CDC's eviction ban expires March 31, 2021 and it is anticipated it will be extended further. 

(Sources: Real Estate Investing Today and Business Insider.)