The court's conservative majority held that the latest pause on evictions issued by the Centers for Disease Control and Prevention on Aug. 3 could no longer be enforced as a legal challenge went forward in the lower courts.
WASHINGTON — Evictions can resume nationwide after the US Supreme Court on Thursday night halted the Biden administration’s latest attempt at keeping people in their homes as cases of COVID-19 surge due to the highly contagious Delta variant.
“Instead, the CDC has imposed a nationwide moratorium on evictions in reliance 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’s opinion stated.
The landlord challengers then petitioned the Supreme Court to intervene. The July 31 end date ultimately convinced a majority of the justices in a 5-4 order tofor a few more weeks when the fight first reached the Supreme Court in June. The landlord and real estate industry groups that had gone to court to challenge the original eviction moratorium again raced to court. The district court judge who was still presiding over the case once again indicated she was prepared to strike down the moratorium, but declined to immediately block it, given the previous orders from the last round. The DC Circuit also denied the challengers’ request to block the order right away, and the case swiftly moved back up to the justices.
The CDC adopted the moratorium based on a federal law that empowered the agency to take dramatic steps to stop the spread of communicable diseases. The law in one section listed examples of specific fixes that the CDC could order: “inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings.
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