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Judge John Barker, appointed by Trump in the Eastern District of Texas, refrained from issuing a preliminary injunction, but said he expected the CDC to respect his ruling and lift the moratorium.
But on Saturday night, the Justice Department appealed the case.
“The Department of Justice respectfully disagrees with the District Court’s February 25 ruling in Terkel v. CDC that the moratorium on the CDC’s eviction exceeds the powers of Congress under the Commerce Clause and the necessary and appropriate clause, and the department has appealed that decision, “Brian M. Boynton, acting deputy attorney general for the civil division of the department, said in a statement.
“The ruling, however, does not extend beyond the specific plaintiffs in this case, and it does not preclude the application of the CDC’s expulsion moratorium to other parties. For other landlords who rent to covered people, the CDC’s eviction moratorium remains in effect. “
The ruling punctuated a legal effort that began when a group of Texas homeowners and landowners filed a lawsuit against the CDC and the Department of Health and Human Services in October over the order to Deportation moratorium issued by the Trump administration in September, putting a temporary end to deportations during the pandemic.
The CDC order was due to expire in late December, but it was extended until January by a provision in the Second Stimulus Package. One of the first acts of ruling President Joe Biden was to seek to extend the moratorium again until the end of March.
The order is invoked when a tenant gives their landlord a signed statement stating that they meet specific requirements – including that they earn less than $ 100,000 a year, have suffered a significant loss of income, and have made their better to find a rental assistant to pay their rent.
Under the ordinance, rent is not waived or forgiven, and landlords can evict tenants after the moratorium ends if they are unable to repay the rent.
This is a breaking story and will be updated.
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