Federal judge in Texas rules CDC eviction ban "unconstitutional" Federal judge rules CDC’s eviction moratorium unconstitutional Many tenants may find they are no longer protected by the CDC's eviction moratorium after a federal judge in Texas ruled it unconstitutional. HOUSTON - A federal judge in Texas has ruled the CDC national eviction moratorium is unconstitutional. However, a Harris County judge and tenant attorneys say it will still protect renters from eviction in the state. Court data shows the CDC eviction moratorium has only stopped about 10% of the 13,000 cases filed in Harris County courts since it took effect in September, either because it wasn't used or judges did not accept it.