Unlawful CDC Eviction Ban Defeated in Court

A federal judge today vacated a nationwide freeze on evictions imposed by regulators at the Centers for Disease Control (CDC) ostensibly to stave off one pandemic-related hardship faced by some renters. CEI Attorney Devin Watkins called the ruling a win for rule of law, since federal law does not grant this kind of power to CDC regulators.

“This is the fifth court to reject the CDC’s view that it has unlimited power to prevent disease rather than abide by the law limiting its power to disinfecting ‘animals or articles’,” Watkins explained. “The CDC’s view of an unlimited and all-powerful federal government is at odds with the Constitution’s grant of limited and enumerated powers. It is states, not the federal government, through which evictions occur. This unconstitutional and illegal action has rightly been stopped.”

Related analysis:

CDC’s Eviction Moratorium is Unlawful, Unconstitutional

The CDC Extends Its Illegal, Ineffective Eviction Moratorium