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A federal judge scrapped a nationwide moratorium on
evictions, saying the CDC went beyond its authority

Original Article

Posted By: Dreadnought, 5/5/2021 12:30:31 PM

A US federal judge on Wednesday blocked an order from the Centers for Disease Control and Prevention that prevented landlords from evicting their tenants during the coronavirus pandemic. "The CDC order must be set aside," US District Judge Dabney Friedrich said in a 20-page ruling. "It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic," the ruling said. "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."

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Reply 1 - Posted by: snowoutlaw 5/5/2021 12:43:20 PM (No. 776159)
Only slightly, its not even in the authority of congress or the President. Its that darn Constitution where the Fifth and Fourteenth Amendments’ have a problem with taking property without Due Process.
15 people like this.

Reply 2 - Posted by: DVC 5/5/2021 12:56:21 PM (No. 776175)
Good. But, it should have been slapped down within one day of the CDC massively overstepping their authority.
25 people like this.

Reply 3 - Posted by: msjena 5/5/2021 12:57:33 PM (No. 776180)
Why did it take so long? We are seeing rights taken away by unconstitutional means and only being restored after the fact. The unreasonable limits on church attendance are an example. Now that the pandemic is passing, the courts are saying the government didn't have the authority to violate the Constitution.
18 people like this.

Reply 4 - Posted by: IowaDad 5/5/2021 1:00:54 PM (No. 776185)
The concept of emergency powers is limited to an emergency, that is one that evolving so rapidly that the normal working of government is too slow to be effective. There is no circumstance on which this can be true for evictions, which are themselves slow. If government wants to change the law concerning evictions, it should change the law by legislation, not punt the issue to some totally incompetent agency.
14 people like this.

Reply 5 - Posted by: Clinger 5/5/2021 1:50:52 PM (No. 776223)
Golly I thought the federal government could insert itself in any "private" contract between citizens after Obamacare.
7 people like this.

Reply 6 - Posted by: skacmar 5/5/2021 2:35:53 PM (No. 776250)
Between their unemployment being more than they earn when working, the tax forgiveness of part their unemployment, food stamp benefits, multiple stimulus payments, and all of the other freebies the government has given out to people supposedly "hard hit by the pandemic", many of these people are living better than ever. They have enough to pay their rent, they just choose not to since it is not longer required. Not paying rent is just another Covid Pandemic free benefit to many people that they are taking advantage of. Call me mean spirited, but I have little sympathy for many of those behind on their rent due to the pandemic.
9 people like this.

Reply 7 - Posted by: janjan 5/5/2021 5:23:43 PM (No. 776360)
Not one mention in this article of property owners who are supposed to shoulder the cost of these rentals while the tenets pay nothing. Who’s looking out for them?
7 people like this.

Reply 8 - Posted by: Right Time 5/5/2021 6:11:17 PM (No. 776397)
Here in Pennsylvania, Democratic Governor Wolfe used the Covid pandemic as an excuse to tear up the PA and US Constitutions, both of which clearly say that the state legislature has the sole authority to enact or change election laws. The PA legislature sued this unlawful and unconstitutional act by the Democrats, but the Democrat Jurists of the PA Supreme Court upheld the illegal election law changes. Mail-in ballots became the means by which the Democrats stole the election. (And Chief Justice Roberts watched them do it, and could have overruled the PA Court before the election. Declining to hear the Texas v. Pennsylvania case immediately after the election was Roberts' 2nd chance to follow the Constitution, and he failed)
6 people like this.

Reply 9 - Posted by: bighambone 5/5/2021 6:28:26 PM (No. 776405)
In most of those cases the renter has signed a legal contract with the landlord. So how can the US government, outside of a court case, interfere with such a legal contract? A moratorium on paying rent does not mean the renter never has to pay past due rent, when the moratorium ends the past rent becomes due. What happens when all those renters then cannot pay all their past due rent and the landlords start evicting them? I would say that the leftist Democrats have got themselves in a pickle, unless they intend to payoff all the past due rents along with future rents. Maybe the Democrats really do believe Biden’s tall story that he is going raise up the taxes of the top one percent of earners in the country “who do not pay their fair share”, to cover all his massive social spending, but as in the past anytime the liberal Democrats raised up tax rates it has always been Middle Class earners who ended up paying a lot more taxes, and that will happen again, so that Biden can help all those millions of delinquent renters catch up on their past due rents. But what happens after that, when all the Middle Class taxpayer’s money runs out?
2 people like this.

Reply 10 - Posted by: JHHolliday 5/5/2021 10:29:52 PM (No. 776553)
Sadly, #9 has nailed it. When the moratorium ends, Biden will spend more billions to “help” the renters to pay the back rents due. The US is headed for bankruptcy. The only way out is massive tax increases for ALL taxpayers, not just the wealthy. The welfare class will, of course, pay nothing and continue to collect their benefits.
1 person likes this.

Reply 11 - Posted by: ColonialAmerican1623 5/6/2021 2:00:49 AM (No. 776672)
The people that didn't pay rent are applying for rent assistance. Someone I know has gotten enough money to put a down payment on a house. They have gotten two tax refunds, were already receiving SSDI checks, three stimulus checks, unemployment for more than they were earning. and food assistance for a family of six. And you want them to return to work and pay back rent ? If it was some restaurant worker whose employer closed, so sorry for you.
0 people like this.

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