Texas judge rules CDC expulsion moratorium unconstitutional
A federal judge in Texas on Thursday Declared unconstitutional a national moratorium imposed by the US Centers for Disease Control and Prevention (CDC) for most evictions to prevent the spread of the coronavirus.
Siding with a group of landlords and property owners challenging the eviction freeze, U.S. District Judge J. Campbell Barker in Tyler, Texas, ruled that the CDC exceeded its authority under the interstate trade clause of the US Constitution.
Barker said he expected the CDC to stick to its ruling and stop enforcing the CDC’s moratorium order., imposed in September under the Trump administration and extended on January 21, the day after President Joe Biden took office, to last at least another two months.
There was no immediate report from the CDC about: whether it intended to maintain the moratorium should the matter be challenged?.
Several other federal courts elsewhere in the US have dismissed similar challenges to block the moratorium, which has temporarily halted eviction proceedings for millions of tenants across the country.
Judge’s ruling noted Texas lawsuit does not affect numerous eviction freezes or rent relief programs instituted at the state and local levels.
The CDC order applies to individual renters who did not expect to earn more than $99,000 last year or $198,000 for joint tax filings. It also applies to tenants who did not declare income in 2019 or did not receive a federal economic stimulus check in 2020.