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Federal judge sides with landlords, vacates CDC's eviction moratorium | News

(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states.
U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree.

Alabama , United-states , Tennessee , Texas , White-house , District-of-columbia , Americans , American , Robert-henneke , Donald-trump , John-barker , Dabney-friedrich

Federal judge sides with landlords, vacates CDC's eviction moratorium | National News

(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states.
U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree.

Alabama , United-states , Tennessee , Texas , White-house , District-of-columbia , Americans , American , Robert-henneke , Donald-trump , John-barker , Dabney-friedrich

Federal judge sides with landlords, vacates CDC's eviction moratorium | National

(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states.
U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree.

Alabama , United-states , Tennessee , Texas , White-house , District-of-columbia , Americans , American , Robert-henneke , Donald-trump , John-barker , Dabney-friedrich

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

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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.

Ohio , United-states , Texas , Washington , Steve-simpson , Donald-trump , John-barker , J-philip-calabrese , Centers-for-disease , Public-health-service , Cnn , Pacific-legal-foundation

Eviction Moratoriums Face Constitutional Issues: Landlords Challenge NY Law And Federal Judge Strikes Down CDC's Eviction Ban - Real Estate and Construction

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On February 24, 2021, five New York landlords filed a complaint in federal court, alleging that Part
A of the state's COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020 (the "
Act")
violates their constitutional rights (
Chrysafis, et al. v.
James, Case No. 2:21-cv-00998). The suit challenges the
extended statewide eviction moratorium and hardship declaration components of the Act on
First Amendment and due process grounds. The landlord plaintiffs,
whose tenants have refused to vacate or pay rent, have asked the
court to declare the Act unconstitutional and to bar New York

New-york , United-states , Louisiana , Georgia , Texas , Letitia-james , John-barker , Supreme-court , Centers-for-disease , Chambless-enterprises , Us-department-of-justice , Prevention-act

Eviction Moratoriums Face Constitutional Issues: Landlords Challenge NY Law And Federal Judge Strikes Down CDC's Eviction Ban | Morrison & Foerster LLP

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On February 24, 2021, five New York landlords filed a complaint in federal court, alleging that Part A of the state’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “
Act”) violates their constitutional rights (
Chrysafis, et al. v. James, Case No. 2:21-cv-00998). The suit challenges the extended statewide eviction moratorium and hardship declaration components of the Act on First Amendment and due process grounds. The landlord plaintiffs, whose tenants have refused to vacate or pay rent, have asked the court to declare the Act unconstitutional and to bar New York Attorney General Letitia James from enforcing the hardship declaration requirement, which allows tenants facing pandemic-related financial challenges (or for whom eviction would create a “significant health risk”) to stay their own eviction proceedings until May 1, 2021.

New-york , United-states , Louisiana , Georgia , Texas , Letitia-james , John-barker , Centers-for-disease , Chambless-enterprises , Us-centers-for-disease , Morrison-foerster , Morrison-foerster-llp

Although the COVID-19 Pandemic Persists, So Does the Constitution | Bradley Arant Boult Cummings LLP

Landlords in the state of Texas won a battle over their ability to conduct residential evictions when a federal court struck down the Centers for Disease Control’s (CDC) broad eviction...

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Texas Judge rules against the CDC's unconstitutional Eviction Moratorium Order

Texas Judge rules against the CDC's unconstitutional Eviction Moratorium Order
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Texas , United-states , Donald-trump , John-barker , Kimberly-hermann , Brianm-boynton , Joe-biden , Department-of-justice , Southeastern-legal-foundation , Centers-for-disease-control , Texas-judge , Eviction-moratorium

DOJ to Appeal After Trump-Appointed Judge Orders End to Eviction Moratorium

DOJ to Appeal After Trump-Appointed Judge Orders End to Eviction Moratorium
democracynow.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from democracynow.org Daily Mail and Mail on Sunday newspapers.

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Federal Judge In Texas Rules Eviction Moratorium Unconstitutional

U.S. District Judge John Barker argued that Congress lacked the authority to give the CDC power to halt evictions, and that the moratorium threatened to impinge upon landlords' rights under state law. The DOJ filed a notice on Saturday to appeal the ruling.

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