DOJ attorneys to enchantment CDC eviction moratorium ruling

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DOJ attorneys to appeal CDC eviction moratorium ruling

  • DOJ lawyers said Saturday they would appeal a ruling lifting the US eviction moratorium.
  • The moratorium “helps slow the spread of COVID-19,” said Brian M. Boynton, DOJ attorney.
  • A Trump-appointed judge said Thursday the federal moratorium was unlawful.
  • You can find more stories in Insider’s business section.

The Justice Department said Saturday it would appeal a judge’s decision breaking the federal eviction moratorium on the Centers for Disease Control and Prevention.

On Thursday, US District Judge John Barker of the Eastern District of Texas said the creation of such a moratorium “criminalizes the use of state judicial processes to defend property rights.”

In a 21-page summary judgment, Barker, a Trump-appointed representative, said the moratorium was unconstitutional. Giving the federal government such “broad authority” over state judicial proceedings was akin to “banning the federal police force,” wrote Barker.

“While the COVID-19 pandemic persists, so does the Constitution,” he added.

The DOJ prosecutor filed a notice Saturday stating they would challenge Barker’s verdict in the U.S. Court of Appeals for the Fifth Circuit.

Brian M. Boynton, DOJ Deputy Assistant Attorney General, said, “The Justice Department respectfully opposes the Terkel District Court v CDC’s February 25 decision that the CDC’s eviction moratorium exceeds the powers of Congress under the trade clause and necessity and is correct Clause, and the department has appealed that decision. “

Eviction moratorium activists Massachusetts signed DOJ

Housing activists erect a sign outside the home of Charlie Baker, Massachusetts Governor, in Swampscott, Mass.


Michael Dwyer / AP Photo

Boynton said: “However, the decision does not go beyond the individual plaintiffs in this case and does not prohibit the application of the CDC’s eviction moratorium on other parties. For other landlords who rent to insured persons, the CDC’s eviction moratorium remains in effect. “

President Donald Trump signed the CDC eviction moratorium in September.

“I want to make it unmistakably clear that I protect people from evictions,” he said in a statement at the time.

Congress extended the moratorium in December and held it until President Joe Biden’s term began. At the time, nearly 6 million Americans were facing eviction or foreclosure. According to the US Census Bureau, about 18 million people in the US were behind with their rent or mortgage payments. CNN reported that evictions affected a disproportionately large number of people of color.

On his first day in office in January, Biden signed an executive order extending the moratorium until the end of March.

In his statement on Saturday, Boynton said, “By preventing people from becoming homeless or moving into overcrowded homes, the moratorium is helping to slow the spread of COVID-19.”