The CDC’s September ban on expulsion during the pandemic cited the Public Health Act of 1944, which gave the agency certain powers to prevent infectious diseases from crossing national boundaries. The Biden administration recently extended the ban to June.
U.S. District Court Judge J. Campbell Barker wrote in the ruling: “The federal government cannot say that it has never exercised its power over interstate commerce to implement residential evictions.
Campbell said: “During the deadly Spanish flu pandemic, it did not do this.” “It did not inspire such power during the Great Depression. Until last year, the federal government did not require this at any time in our country̵
President Donald Trump’s appointment of Barker also stated that the government’s reasons for imposing the ban under the commercial provisions of the Constitution are unlimited: “The federal government therefore advocates the suspension of residential evictions for any reason, including the agency. To “fair,” he wrote.
The Justice Department filed a notice of appeal on Saturday.
Boynton pointed out that Congress had signed the injunction in its statement on the appeal.
He said: “The CDC’s eviction moratorium, which was extended by Congress in December last year, protects many tenants who cannot pay monthly rent due to job losses or health care costs.” He said, “This can prevent people from becoming homeless. Can return or have to move into more crowded housing. The suspension will help delay the spread of Covid-19.”