Two Judges Rule Against CDC's Eviction Moratorium

Two separate U.S. district court judges have rule that the Centers for Disease Control and Prevention (CDC) does not have the authority to issue an eviction moratorium.

March 16, 2021, 6:00 AM PDT

By James Brasuell @CasualBrasuell


Allen J.M. Smith / Shutterstock

U.S. District Judges in Texas and Ohio have ruled that an eviction moratorium issue by the Centers for Disease Control and Prevention (CDC) in September 2021, signed by former President Donald Trump, and since extended until March 31 by President Joe Biden.

U.S. District Judge J. Philip Calabrese of Ohio is the most recent to rule against the mortarium, saying that the CDC overstepped its authority in issuing the moratorium. U.S. District Judge J. Campbell Barker in the Eastern District of Texas issued a similar ruling just two weeks earlier.

Molly Duerig reports on the ongoing story after the most recent ruling, noting that Judge Calabrese stopped short of issuing an injunction that would have halted enforcement of the moratorium—similar to the previous ruling by Judge Barker.  

Diane Yentel of the National Low Income Housing Coalition is cited opposing the decisions in a separate article by the Associated Press, saying that the rulings could result in a flood of evictions.  

The U.S. Department of Justice is already appealing the decision by Judge Barker.

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