US District Court Judge John Barker has ruled that the federal moratorium on evictions is unconstitutional in a statement made Thursday.
The order to halt residential evictions was issued by the Trump administration in September and was made in an attempt to stop the spread of COVID-19.
Barker noted that the federal government has never interfered in residential and interstate commerce before, including during the Spanish Flu. He would go on further to say that while the COVID-19 pandemic persists, “so does the Constitution”.
Property owners and landlords filed a lawsuit against the CDC and Department of Health and Human Services back in October 2020, saying that the federal government did not have the authority to halt evictions. Barker agreed, writing in a ruling that the Congress could not grant such an authority to the CDC even if they wanted to.
Approximately 10 million people were behind on rent in January according to Census Bureau surveys, with an estimated 16 million having no confidence that they would have rent for February.
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