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Judge Strikes Down CDC’s Unconstitutional Ban On Evictions Nationwide

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Published on: May 6, 2021

The destruction of private property ownership is the cornerstone of Marxist/communist/socialist governance.

Bravo to this rational, American judge.

Judge strikes down CDC’s ban on evictions nationwide

By Ben Feuerherd | NY Post | May 5, 2021 |

A federal judge on Wednesday struck down a nationwide moratorium on evictions that was ordered by the Centers for Disease Control and Prevention amid the pandemic — a policy that was designed to keep Americans in their homes as the coronavirus ravaged the US economy.

In an opinion filed in US District Court in Washington, DC, Judge Dabney Friedrich wrote that the agency did not have broad authority to keep landlords who sued the US Department of Health and Human Services from forcing out tenants who cannot afford their rent.

“The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not,” wrote Friedrich, who was appointed by President Donald Trump.

The CDC’s moratorium on evictions was first ordered in September of last year after a similar order included in the CARES Act expired, according to the opinion.

The CDC’s order was granted a 30-day extension by Congress, and the agency extended it by itself twice after that. The current order is set to expire on June 30.

In his opinion, Friedrich noted the recent extensions of the moratorium were not ratified by Congress, as the first one had been.

It’s unclear if the opinion will have far-reaching effects across the country, or will only apply to the associations of realtors who brought the suit in DC.

At the daily White House press briefing, Jen Psaki defended the moratorium.

“A recent study estimates that there were 1.55 million fewer evictions filed during 2020 than would be expected due to the eviction moratorium, so it clearly has had a huge benefit,” Psaki said, according to CNBC.

Soon after the briefing, attorneys for the Department of Justice appealed the ruling to the circuit court in the nation’s capital.

Article posted with permission from Pamela Geller

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