A Texas federal judge on Thursday ruled that the national eviction moratorium aimed at keeping coronavirus pandemic victims in their homes is unconstitutional.
In a 21-page ruling, Judge John Campbell Barker said the eviction moratorium of the Centers for Disease Control and Prevention was unprecedented and extensive, and although individual states have the power to put such restrictions in place, the federal government it not.
“The federal government cannot say that it has ever before exercised its power over trade between countries to impose a moratorium on residential evictions,” Barker wrote. “It did not do so during the deadly Spanish flu pandemic. Nor did it call for such a force during the Great Depression. The federal government has never claimed at any point during our Nation’s history. made on such a force. “
“Although the Covid-19 pandemic continues, so does the Constitution,” he added.
The scope of the order is unclear. Barker wrote that given ‘defendants’ representations to the court, it ‘is expected’ [defendants] would respect the explanatory statement. ‘”
A Justice Department spokesman, who represented the CDC in the case, declined to comment on the verdict.
The moratorium was first enacted as part of the first coronavirus stimulation bill, the Cares Act, which was signed by then-President Donald Trump last March. It expired in July last year and was followed by the CDC’s mandate in September, which was due to expire at the end of January but was extended until March by President Joe Biden’s CDC director, Rochelle P. Walensky.
Walensky said the move was necessary because the pandemic poses a historic threat to the health of our country, but that it has also caused an affordable housing crisis that is affecting some communities disproportionately.
“We need to take action to ward off business and keep people in their homes and outside congregations – such as shelters – where Covid-19 can gain an even stronger foothold,” she said in January.
In his ruling, Barker, who was nominated by Trump in 2018, said the federal government had violated the order.
“Here the regulated activity is not the production or use of a commodity traded in an interstate market. On the contrary, the disputed order regulates property rights in buildings – specifically whether an owner may regain the property of a resident,” he said. wrote and added: “Real estate is inherently local.”
It is unclear whether the DOJ will appeal against the ruling. The CDC order will expire on March 31st.
Biden earlier this month extended a moratorium on expropriation and foreclosure until the end of June in an effort to stem the economic impact of the pandemic.
