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The Department of Justice (DOJ) is appealing a judge’s ruling that The Centers for Disease Control and Prevention (CDC) order to temporarily suspend evictions during the coronavirus pandemic is unconstitutional, according to a notice filed on Saturday evening.
The Associated Press reports prosecutors are appealing the ruling of U.S. District Judge J. Campbell Baker to the US Ccall for the fifth circuit.
Baker ruled last week that the CDC had overstepped its authority in ordering the moratorium on evictions.
“Although the COVID-19 pandemic persists, the Constitution persists,” Barker wrote in his ruling.
“The federal government cannot say that it has ever invoked its power over interstate commerce to impose a moratorium on residential evictions,” Barker, who was appointed by the former President Trump
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The Trump administration declared sweeping moratoriums on deportations in September last year, which made it illegal to deport someone earning less than $ 99,000 or a couple declaring a spouse who expects to earn less of $ 198,000. The Biden administration extended the moratorium from February to June.
“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 expenses,” the attorney general said Acting Assistant Brian Boynton in a statement. “By preventing people from becoming homeless or having to move into more crowded housing, the moratorium is helping to slow the spread of COVID-19.”
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