Judge rules CDC overstepped its authority in halting evictions during pandemic

The federal government suffered a legal blow this week.

A federal judge in Ohio ruled Wednesday that the order from the U.S. Centers for Disease Control and Prevention (CDC) to halt evictions during the coronavirus exceeded its authority, Fox News reported

As noted by Cleveland.com, the decision is being celebrated as a win for landlords who have suffered financially during the pandemic. “Your home is supposed to be your biggest asset, and now it’s our greatest liability,” Cleveland landlord Monique Moore told Cleveland 19.

The background

In September 2020, the CDC ordered the “temporary halt” of evictions to “prevent the further spread of COVID-19.”

The agency stated in the order that “eviction moratoria — like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease.” The agency explained:

Eviction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying health condition. They allow state and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19. Furthermore, housing stability helps protect public health because homelessness increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19.

Former President Donald Trump first signed the CDC’s order in September and President Joe Biden extended the moratorium until March 31, Fox News reported.

The lawsuit

Landlords across the country have been challenging the CDC’s order. This particular case was brought against the CDC by the National Association of Homebuilders (NAHB) and a group of property owners from across northern Ohio.

“Saddling landlords with the responsibility to provide free rent during this pandemic ignores their financial obligations and ability to provide safe, decent and affordable housing,” Chuck Fowke, chairman of the NAHB, said, as Fox News reported. “Even during emergencies, federal agencies must abide by the law.”

U.S. District Judge J. Philip Calabrese, who was nominated to the court by former President Trump, ruled in favor of the NAHB and property owners, issuing a decision that states that the CDC’s order is illegal. The judge specifically ruled that the CDC exceeded the authority given to it by the federal Public Health Service Act.

However, Calabrese “did not grant an injunction that would have stopped the CDC from enforcing the moratorium,” Cleveland.com reported.

In Texas only weeks ago, U.S. District Judge J. Campbell Barker also ruled that the CDC’s order is unconstitutional.

The Department of Justice is appealing the Texas decision.

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18 Responses

  1. What can you say if everything that counts is scrubbed because fear over offending somebody. If you cannot vent your feelings about certain topics, why post?

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    1. The official rule is that they “have no standing”. That’s a really convenient thing if you’re trying to stifle dissent. But they wouldn’t do that, they’re as honest as the day is long.

    2. On the bench. It is my opinion the Supreme Court Justices were threatened by the Democrats, Global Elites and Deep State that they would pack the court if they took up the voter fraud issue. FDR tried to pack the court while in office and it didn’t go over well and neither will it go over well under Biden. In order to change the number of justices on the Supreme Court would take a Constitutional Amendment and that’s not happening. The Democrats/RINO’s are all crooks. I believe nothing from the Democrats/RINO’s and proceed with caution among the Republicans.

  3. “In September 2020, the CDC ordered the “temporary halt” of evictions to “prevent the further spread of COVID-19.”

    It seems to me that DUMB DONALD WAS STILL THE CURRENT INACTIVE PRESIDENT AT THE TIME. So if you have a problem with what the CDC did talk to your almighty god DUMB DONALD.

    1. Yes, Trump started it, but take a look at who has extended it. Try to be neutral and use your brain.

    2. Dumb Donald wouldn’t have opened the border to illegals like DIMWIT Biden has done. You must be a Supporter of IDIOTS like Biden, Harris and Pelosi. If you don’t like America and what is stands for YOU need to leave!!

    3. I evicted my tenants the end of December 2020 and I don’t care what the government says. I’m not in business to loose money and if these people can buy cigarettes and vap they can pay their rent. If the government federal or state wishes to pay theses peoples rent and utilities be my guest and until then they don’t pay they go.

  4. Our Whole Country is Going to HELL Thanks To BIDEN and His Cheating to win President Looks what he is doing Can’t remember what he is saying or talking to So We thr Americans SUFFER for the Dumb Dems He should be Pulled out of the Presidents Job an dNot his VP either she is Just as BAD if Not Worse Lies and Lies some mofe Bring Back TRUMP PLEASE Our Country Needs Help NOW

  5. Hey George Grover,
    Yes Trump WAS the President in September & let the CDC’s temporary halt issue go through, BUT if he would HAVE NOT let it stand, would you & the rest of the liberal Democrats have been satisfied or would you have called him a ” Heartless Bas-ard for putting people out of their home or apartment.
    I’m sure you all would have been saying ” he’s putting POOR people out so his rich friends at banks or landlords could foreclose or rent to someone who could pay rent. I’m sure it would also have been said about him, he was putting people who should have been “sheltered in the homes” out on the streets to spread the virus or forcing them to live with relatives in cramped quarters. Either way, which you are doing now, it was a NO WIN situation for Trump.
    And isn’t it Biden now who keeps saying ” Listen to the experts “. Well wasn’t it the “EXPECTS” opinion ( the CDC’s ) that said that ” No eviction would serve like a quarantine & isolating people would prevent the spread of a communicable disease” ? Joe must be satisfied with Trumps decision as he EXTENDED the time frame to the end of this month.
    So if you have a problem with that, take it up with Mumbo Jumbo Joe

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