A U.S. judge this Thursday has ordered the Biden White House to reply to a lawsuit from a collection of housing groups challenging the new eviction moratorium which was just enacted by the CDC.
U.S. District Judge Dabney Friedrich issued the Dept. of Justice a deadline on 9 AM. Friday to reply to an emergency challenge issued by the Alabama Association of Realtors this week, Reuters reports. The emergency measure said that the CDC issued the new ban “for political reasons — to solve political pressure, move the blame to courts, and use the courts to achieve a policy goal.”
“The CDC gave into the pressure by extending their moratorium, without giving any legal basis,” the motion says. “The CDC’s latest act is to extend the same illegal ban on evictions that was in effect since Sept. 2020.”
In May, Friedrich ruled that the CDC’s previous order was unlawful and the case was given to the Supreme Court, which ended up agreeing with the lower court’s choice but permitted the order to stay in effect until July 31 when it was set to expire.
Writing of his opinion, Justice Brett Kavanaugh stated the CDC could not prolong the moratorium past July 31 without an authorization from Congress.
Progressive lawmakers pushed to pass a new bill creating a new moratorium to guarantee that over 15 million people would not be evicted.
Facing pressure from Dems, Biden’s CDC acted this week to create a new eviction ban that applies to “counties having high levels of community transmission” of coronavirus.
The White House has defended this new ban, which seems to be directly against the Supreme Court’s opinion, as a “targeted moratorium — focused on places with High coronavirus rates.”
The new moratorium is now set to expire on Oct. 3 and is estimated to apply to 82% of counties and over 90% of the nation’s population.
Facing questions from journalists on the legality of the new CDC order, White House press secretary Jen Psaki stated on Wednesday that the Biden White House does not believe most Americans care if the order is legal or not.
FANTASTIC question from @CBSNewsRadio's @StevenPortnoy about the legality of extending the eviction moratorium: "What's the White House's message, then, to Americans who…are now disappointed the President is signaling that he doesn't respect the rule of law." pic.twitter.com/ymci5wkWVl
— Curtis Houck (@CurtisHouck) August 4, 2021
Author: Steven Sinclaire