The Department of Justice (DOJ) is appealing the ruling of a judge that a a mandate from the Centers from Disease Control and Prevention (CDC) to temporarily halt evictions during the coronavirus pandemic is unconstitutional, according to the notice filed Saturday night.
Associated Press reports that prosecutors are appealing the decision of U.S. District Judge J. Campbell Baker against the U.S. governmentour professions for the fifth lane.
Baker ruled last week that the CDC had gone beyond its authority by issuing the eviction moratorium.
“While the COVID-19 pandemic continues, so does the Constitution,” Barker wrote in his resolution.
“The federal government cannot say that it has ever before exercised its power over trade between the countries to impose a moratorium on residential evictions,” said Barker, who by former President Trump
Donald TrumpNo calls for South Dakota’s coronavirus response, locks CPAC speech on track: Cuomo and Newsom – a story of two fighting governors McCarthy: ‘I would bet my house’ GOP takes lower chamber in 2022 back MORE, added. ‘It did not do so during the deadly Spanish flu pandemic. Nor did it call for such a force during the distress of the Great Depression. At no point during our Nation’s history has the federal government claimed such power until last year. ”
The Trump administration issued sweeping eviction moratoriums in September last year that made it illegal to evict someone earning less than $ 99,000 or a couple expecting to earn less than $ 198,000. The government of Biden extended the moratorium in February to June.
“The CDC’s eviction moratorium, which was extended by Congress in December last year, protects many tenants who are unable to pay their monthly payments due to job losses or health care costs,” Acting Assistant Attorney General Brian Boynton said in a statement. statement said. “By preventing people from becoming homeless or having to move to more people’s homes, the moratorium is helping to slow down the spread of COVID-19.”