Supreme Court Should Decide on CDC Eviction Ban

Today a federal appeals court denied a request by landlords to resume evictions, leaving in place a temporary, nationwide eviction moratorium imposed by the Centers for Disease Control (CDC) as a response to the coronavirus pandemic. CEI Attorney Devin Watkins said the U.S. Supreme Court should step in.

Statement by Devin Watkins:

“Three Obama-appointed judges on the D.C. Circuit, in direct conflict with the 6th Circuit and the D.C. District Court, tentatively accepted the validity of the eviction moratorium issued by the CDC for the duration of the appeals process. The direct conflict between the courts means the Supreme Court should ultimately decide this issue.

“Rather than accepting limits on the CDC’s authority as spelled out in the law setting forth the CDC’s powers and responsibilities concerning ‘animals or articles,’ the D.C. Circuit saw the statutory language as expanding the CDC’s authority to allow a government action that would otherwise violate the Fourth Amendment. The Sixth Circuit has the better interpretation— that this language limits the CDC’s authority. The Supreme Court should quickly reverse the D.C. Circuit on this emergency motion and restore the rights of property owners.”

Related analysis:

CDC’s Eviction Moratorium is Unlawful, Unconstitutional

The CDC Extends Its Illegal, Ineffective Eviction Moratorium