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CDC’s Evictions Moratorium Unconstitutional, Judge Rules

A federal judge in Texas ruled Thursday that the Centers for Disease Control and Prevention’s temporary moratorium on evictions is unconstitutional.

U.S. District Judge John Barker, an appointee of former President Trump, said in a 21-page ruling that the CDC order was beyond constitutional authority.

“The federal government has not claimed such a power at any point during our nation’s history until last year,” Banker wrote in his decision. “Although the COVID-19 pandemic persists, so does the Constitution.”

In September, Trump issued the order, which made it a crime for property owners and to evict tenants who were not able to pay rent and had no other housing options during the ongoing coronavirus pandemic. The order, initially to expire by the end of December, was extended by a month by Congress and again by President Biden through March.

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