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Carolina Journal: North Carolina bureaucrats are about to learn a lesson in the importance of property rights

Federal judge strikes down eviction moratorium that kept struggling Cleveland renters in homes during coronavirus pandemic

Federal judge strikes down eviction moratorium that kept struggling Cleveland renters in homes during coronavirus pandemic Eric Heisig, cleveland.com CLEVELAND, Ohio A federal judge on Wednesday vacated a moratorium enacted by the U.S. government to prevent tenants from losing their homes for not paying their rent due to the economic and health ramifications of the coronavirus pandemic. U.S. District Judge Dabney Friedrich wrote in a 20-page opinion that the Centers for Disease Control and Prevention does not have the authority to enact such a sweeping moratorium, which many tenants associations and anti-homeless advocates have credited with preventing a wave of evictions during the pandemic. The moratorium on evictions for nonpayment of rent is set to expire June 30, and it wasn’t immediately clear how Wednesday’s ruling would impact that end date. Friedrich on Wednesday night temporarily halted her ruling after the Justice Department, which represents the

Federal judge: The CDC has no authority to create an eviction moratorium

Tweet A federal judge in Washington, DC has determined that the Centers for Disease Control and Prevention had no authority to implement a nationwide eviction moratorium. The full 20-page decision was posted here by CNN. But the conclusion is simply that the CDC shouldn’t have done this. The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole. The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision. It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic. The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not.

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