The fact that there was a national eviction moratorium that came out of the unelected bureaucrats from the CDC was ludicrous to begin with, whether it came out of the Trump administration or Biden’s.
Luckily, a federal judge ruled on Wednesday that the CDC exceeded their authority and that her ruling to stop the eviction moratorium should apply nationwide.
Just like state and local authorities all over the country who think they can tyrannically rule over us with their emergency orders, the CDC gave it a whirl too but got pushed back by Judge Dabney Friedrich, from the U.S. District Court for DC.
She ruled that the CDC doesn’t have the authority under the Public Health Service Act of 1944 to impose the national moratorium. The act gives the federal government the power to impose quarantine and other things to deal with health emergencies. But what the CDC was doing with evictions did not qualify as something they had power over.
And yes, Friedrich is a Donald Trump appointee. And no, the Democrats weren’t even against her. She was confirmed in November of 2017 with a 97-3 vote.
Anthony Coley, Director of Public Affairs for the Justice Department, Tweeted out on Wednesday that the DOJ has filed a notice of appeal to the DC Circuit and will seek a stay of the decision, pending appeal.
Of course they will. They want to keep handing out free stuff to certain people so they can buy votes.
The Biden Goon Squad doesn’t seem to care about private property and whether a landlord can make their mortgage payments or pay other bills.
The moratorium started under the first coronavirus stimulus bill that was signed by Trump. That bill was actually in legislation, not some edict from the CDC.
Then Trump signed an Executive Order directing the CDC to look into whether any temporary measure halting evictions were reasonably necessary to prevent the virus from spreading. The CDC decided, a few weeks later, that yes it was necessary.
Unlike the legislation in the coronavirus bill which only applied to certain federally backed rental properties, the CDC eviction moratorium applied to all residential properties nationwide and they included criminal penalties – a fine up to $250,000, one year in jail or both.
Then Congress extended the CDC order through January of 2021. Then the CDC extended their own order through March. Then again through June.
the United States Department of Health and Human Services was subsequently sued by a group that manages rental properties and two Association of Realtor trade associations.
I contend that all Executive Orders by both Presidents and edicts by the CDC were illegal since it gives the CDC powers they do not have through Congress. The Judge obviously agrees with me.
As eloquently stated in reason.com, a libertarian website, Trump’s Executive Order on eviction moratoriums set a dangerous precedent because it’s a “power grab that could undermine federalism and separation of powers and imperil property rights.”
The Judge in her ruling made a very profound statement about what’s going on. The Judge said that the Department has an expansive interpretation of the Act and “under its (CDC) so long as the Secretary can make a determination that a given measure is ‘necessary’ to combat th interstate or international spread of disease, there his no limit to the reach of his authority.”
Ain’t THAT the truth. That’s exactly what the Democrats are depending on.
That’s exactly what the Democrat Governors are doing all over the country.
They get to decide how long the pandemic lasts and what measures are “necessary” to control us.
I can see, at the beginning of the pandemic, where it might have been a slightly good idea during the start of the “emergency” to give people a break on their rent (even thought the government is basically interfering with property rights) but a month was enough. Its not something that needs to go on into infinity.
THERE ARE JOBS EVERYWHERE.