Supreme Court strikes down CDC eviction moratorium again

Conservative TreehouseThe U.S. Supreme Court has again overturned the national eviction moratorium imposed by the Centers for Disease Control (CDC). In a 6-3 ruling [pdf HERE] the court has rejected arguments that the CDC is permitted to arbitrarily enforce an eviction moratorium. The high court notes such a government mandate would have to come from the U.S. Congress, not an unelected bureaucratic agency.

“It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 582, 585–586 (1952) (concluding that even the Government’s belief that its action “was necessary to avert a national catastrophe” could not overcome a lack of congressional authorization). It is up to Congress, not the CDC, to decide whether the public interest merits further action here.”

Given this sequence of events, the CDC renewing their moratorium in the favor of an unfavorable Supreme Court ruling is not likely to earn that agency any friends on the court for future cases.

This entry was published Tue Aug 31 22:49:13 CDT 2021 by TriggerFinger and last updated 2021-08-31 22:49:13.0. [Tweet]

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