Supreme Court halts Biden eviction moratorium

Source: Politico | August 26, 2021 | Katy O'Donnell and Josh Gerstein

The court’s three Democratic appointees dissented.

The Supreme Court on Thursday night blocked the Biden administration’s new eviction ban, in a ruling that left millions of Americans at risk of losing their homes during the pandemic.

The decision to suspend the moratorium more than five weeks before its Oct. 3 expiration was a win for landlords and property owners, who have spent nearly a year in court fighting eviction bans imposed by the Trump and Biden administrations. Two chapters of the National Association of Realtors petitioned the high court earlier this month to immediately overturn the latest version of the ban, issued by the Centers for Disease Control and Prevention.

The court conveyed its decision in an eight-page, unsigned opinion that said the CDC’s power to take steps to rein in the coronavirus pandemic did not appear to extend to issuing a moratorium on evictions. The majority said the Biden administration was arguing to give the agency “a breathtaking amount of authority.”

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the per curiam opinion said. “It is indisputable that the public has a strong interest in combating the spread of the Covid-19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”

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