WASHINGTON (AP) – The Department of Justice said Saturday it will appeal the verdict of a judge who found the federal government’s eviction moratorium unconstitutional.
Prosecutors filed a notice in the case Saturday night, saying the government is appealing the case to the U.S. Court of Appeals for the fifth circuit. The appeal comes days after U.S. District Judge J. Campbell Barker ruled that the Centers for Disease Control and Prevention had exceeded its authority and that the moratorium was illegal.
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“Although the COVID-19 pandemic continues, so does the Constitution,” the judge wrote in the ruling on Thursday.
In a statement, Brian Boynton, the acting assistant attorney general charged with the Justice Department’s civil division, said prosecutors respectfully disagreed with the judge’s ruling, noting that it only applies to parties in the matter applies, not broadly to others.
In this file on October 14, 2020, home activists raise a sign in front of the Government of Massachusetts, Governor Charlie Baker, in Swampscott, Massachusetts (AP Photo / Michael Dwyer, File)
“The CDC’s eviction moratorium, which was extended by Congress in December last year, protects many tenants who are unable to make their monthly payments due to job losses or health care expenses,” he 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.”
The CDC eviction moratorium was signed by President Donald Trump in September and extended by President Joe Biden until March 31.
Barker, who was nominated by Trump in 2018 to serve in the Eastern District of Texas, did not appear to issue an order in the case. Several property owners have filed the lawsuit, arguing that the federal government does not have the legal power to stop evictions.
On this Wednesday, January 13, 2021 file photos, advocate for the rights of tenants outside the JFK federal building in Boston. (AP Photo / Michael Dwyer)
“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 distress of the Great Depression. The federal government has never at any stage during the history of our Nation did not claim such power. “
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Early in the pandemic, state and local governments approved eviction moratoriums for many tenants, but many of the protections had already expired.
To be eligible for protection, tenants must have an income of $ 198,000 or less for couples filing jointly, or $ 99,000 for single archive; prove that they have asked for government assistance to pay rent; declares that they are unable to pay due to COVID-19 hardships; and confirms that they are likely to become homeless if evicted.