The Sixth Circuit Federal Court of Appeals has ruled that the CDC’s moratorium on eviction is unconstitutional. The court in so doing has struck a blow against the encroachment of socialism and communism in the United States of America. The Sixty Circuit ruled that the CDC in fact overstepped int’s authority by halting all evictions throughout the nation during the panic and lockdowns of COVID19.
MASSIVE CDC & Presidential Overreach
The court further noted that such decisions are properly the domain of elected representatives, not by a Department of the Executive Branch filled with career bureaucrats like the Centers for Disease Control and Prevention. The executive mandate, which the court ruled usurped the rightful power of the legislature when as OANN wrote “The mandate has protected tenants who have lost income due to the pandemic from being evicted from landlords and property owners due to public health reasons.” Which to rights should read: “The mandate harmed countless landlords who suddenly lost income from their properties and the ability to replace it with new tenants.”
A Question Still Unanswered by SCOTUS
At the end of June, the Supreme Court of the United States declined to rule on an emergency request from landlords and real estate companies to release the massive overreach of Presidential authority. According to The Wallstreet Journal,
“The court rejected an emergency request by landlords and real-estate companies to clear the way for evictions after a federal judge in Washington ruled last month that the moratorium was legally unsupportable. The judge who issued that ruling stayed the effect of the decision, while litigation continues.”
WSJ continued to describe that Justice Kavanaugh “issued a one-paragraph concurrence explaining his views, saying he believed the moratorium was unlawful but was willing to leave it in place for July. He said the moratorium would allow for “additional and more orderly distribution” of rental-assistance funds appropriated by Congress.”
In the ruling, the Conservative Associate Justice wrote,
“I agree with the District Court and the applicants that the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium.
See Utility Air Regulatory Group v. EPA, 573 U. S. 302, 324 (2014). Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order. See Barnes v. E-Systems, Inc. Group Hospital Medical & Surgical Ins. Plan, 501 U. S. 1301, 1305 (1991) (Scalia, J., in chambers) (stay depends in part on balance of equities); Coleman v. Paccar Inc., 424 U. S. 1301, 1304 (1976) (Rehnquist, J., in chambers).
In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
Roughly translated: yes it’s illegal but it isn’t going to last long and on balance helps more people than it hurts? Is that what we expect from a “Conservative” Justice? It looks like big Government pragmatism won out over the Constitution.
The new ruling from the Sixth Circuit Court of Appeals will likely land this decision in front of SCOTUS again, as the Biden-Harris regime and the Democrat-Socialists in Congress call for the Government to extend the moratorium AGAIN.
I urge the Biden Administration to extend the CDC’s eviction moratorium. It is reckless not to extend the deadline when rental assistance funds have not gone out fast enough to protect people. Eviction filings have already spiked in anticipation of the moratorium being lifted.
— Rep. Alexandria Ocasio-Cortez (@RepAOC) July 23, 2021