Department of Justice appeal order blocking federal deportation ban



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The CDC’s September order banning evictions amid the pandemic cited a 1944 public health law that gives the agency certain powers to prevent communicable diseases from crossing state borders. The Biden administration recently extended the moratorium until June.

“The federal government cannot say that it has already used its power over interstate commerce to impose a moratorium on residential evictions,” U.S. District Judge J. Campbell Barker wrote in the ruling.

“He didn’t do it during the deadly Spanish Flu pandemic,” Campbell said. “He also did not invoke such power during the demands of the Great Depression. The federal government did not claim such power at any time in our nation’s history until last year.

Barker, a person appointed by President Donald Trump, also said that the government’s justification for the ban under the Constitution’s trade clause was unlimited: “The federal government is thus claiming the power to suspend residential evictions for for whatever reason, including an agency’s views on ‘fairness,’ he wrote.

The Justice Department filed a notice of appeal on Saturday.

Boynton noted that Congress approved the ban in his statement on the appeal.

“The CDC’s eviction moratorium, which Congress extended last December, protects many tenants who cannot make their monthly payments due to job loss or health care costs,” he said. he declares. , the moratorium is helping to slow the spread of Covid-19. “

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