The eviction moratorium is staying in place, for now, thanks to a district court judge in Washington who said she was bound by precedent on the matter…
- “U.S. District Judge Dabney Friedrich in Washington said she was bound by a previous ruling from the appeals court above her that said the Centers for Disease Control and Prevention likely possessed the authority to impose an eviction ban in the name of public health...If there is to be a judicial order blocking the latest eviction ban, it will have to come from a higher court, the judge, a Trump appointee, said.” (WSJ)
A little background…
- At the end of June, the Supreme Court, in a 5-4 vote, left in place the nationwide moratorium on evictions. This however is not a comforting fact for Biden.
- Justice Kavanaugh, who was the deciding vote, wrote in a concurring opinion..“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 fund, I vote at this time to deny the application to vacate the District Court’s stay of order.”
- What is Kavanaugh’s opinion on the extension of the moratorium? We actually don’t have to guess because he concluded his opinion with this. “In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
This moratorium will be ruled unconstitutional. The only real question is how long will it take to get to the Supreme Court. The appellate court is up next…