Filing argues that the new CDC order is an extension of the previous moratorium, which the Supreme Court has ruled the agency didn’t have the authority to issue.
NBC:
Two groups representing property owners asked a federal judge Wednesday evening to block enforcement of the latest eviction moratorium from the Centers for Disease Control and Prevention.
The Alabama Association of Realtors and its Georgia counterpart argued in the emergency court filing in U.S. District Court for the District of Columbia that the latest moratorium issued by the CDC is “unlawful.” The order is essentially an extension of the previous moratorium, which “has prevented landlords from evicting tenants who aren’t paying their rent during the pandemic,” the filing said.
The groups, who had challenged the first moratorium in court also, argued that the CDC “caved to the political pressure” after Democrats pressed the White House over the weekend to extend the moratorium. The group said the agency issued the new order “for nakedly political reasons — to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective.”
The final eviction moratorium from the CDC was set to expire on July 31. But, after pressure on the Biden administration from housing advocates and Democrats, who had failed to pass legislation to extend the moratorium, the CDC issued a new eviction moratorium for regions of the country with “substantial and high transmission” of the coronavirus.
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The Alabama Association of Realtors was one of the leaders of the challenge to the moratorium, which went to The Supreme Court. In a 5-4 vote in late June, the high court allowed the eviction ban to remain in place only through the end of July. However, Justice Brett Kavanaugh, who voted with the majority, wrote a concurring opinion arguing that action by Congress would be required to extend it further.
The groups asked the court to halt the new CDC eviction ban, saying it violated that ruling.
“This Court should immediately vacate the CDC’s fourth extension because it conflicts with the Supreme Court’s ruling,” the group said in the court filing. “A majority of the Supreme Court made clear that the eviction moratorium exceeds the CDC’s statutory authority and could not be extended beyond July 31, thus vindicating this Court’s first merits ruling. The Supreme Court’s ruling was hardly ambiguous”
Awesome 👏🏻
So glad it is being challenged! As always great reporting⭐️ @populistgop
👏👏👏👏 the biden administration is absolutely ridiculous…worst ever they dont even have any competition.
#cdc is a disgusting corrupt unelected bunch of globalists
So dont evict people that arent paying their rent but evict foreclose on the homeowners who cant pay their mortgage because people aRe living for free. Hmmmm special kind of stupid
Since when did the CDC become law makers?
Good. Stop this unconstitutional bullshit now!