A disastrous week for the Joe Biden administration just got a lot worse.
Last Thursday night, the U.S. Supreme Court ruled 6-3 to block Biden’s moratorium on tenant evictions.
In a 6-3 ruling, the Supreme Court ruled against the national eviction moratorium issued by the Centers for Disease Control and Prevention.
The evection moratorium, which was put in place during the pandemic, protects renters from being evicted for not paying their rent.
“The ban on evictions, a two-month order, was issued by the Centers for Disease Control and Prevention. The pause covers parts of the United States that are experiencing what the CDC calls “substantial” and “high” spread of the coronavirus,” NPR reported.
The court’s majority, which was all six conservative justices, ruled that the CDC exceeded its authority with the temporary ban.
The majority opinion says that the CDC for its order relied on “a decades-old statute that authorizes it to implement measures like fumigation and pest extermination.”
“It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts,” the majority wrote, adding: “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”
White House press secretary Jen Psaki said the administration is “disappointed” by the decision.
“As a result of this ruling,” she said in a statement, “families will face the painful impact of evictions, and communities across the country will face a greater risk of exposure to COVID-19.”
Democrats knew this was coming.
Several weeks ago, liberals and progressives slammed the Biden administration for waiting too long to ask Congress to pass legislation extending the moratorium.
Biden officially asked the U.S. Centers for Disease Control and Prevention to consider another extension of the evictions moratorium.
The CDC responded by saying they were unable to legally justify even a narrow ban following a Supreme Court ruling last month.
Biden asked the agency to consider a 30-day moratorium focused on counties with a high or substantial spread of coronavirus.
Back in May, a federal judge ruled to vacate the CDC’s temporary federal eviction moratorium.
The CDC under the Biden administration had sought to extend the eviction moratorium through June 30.
D.C. District Judge Dabney Friedrich ruled on the side of the plaintiffs, who alleged that the CDC overstepped its authority by extending the eviction moratorium — which was first included in the March CARES Act passed by Congress — to all residential properties nationwide.
“The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision,” Friedrich writes in an opinion.
“It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic,” Friedrich added.
“The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not,” he said.
Prior to that ruling, U.S. District Judge J. Campbell Barker also ruled against the CDC.
Barker ruled that an order from the CDC temporarily halting evictions amid the pandemic is unconstitutional.
Barker sided with a group of landlords and property managers who alleged in a lawsuit that the CDC’s eviction moratorium exceeded the federal government’s constitutional authority.
Barker ruled that Congress lacked the constitutional authority to grant CDC the power to halt evictions nationwide.
Barker also found that the CDC’s order threatened to encroach on landlords’ rights under state law.