The Supreme Court ruled against President Joe Biden’s eviction moratorium on Thursday, noting the Centers for Disease Control exceeded its legal authority.
“It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. 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,” the Court wrote.
“It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts,” the ruling added.
“The court’s three liberal justices — Stephen Breyer, Sonia Sotomayor and Elena Kagan — dissented: They argued Congress gave the government broad latitude to prevent the spread of disease, and warned striking down the moratorium could imperil public health amid a rise in Covid-19 cases,” Forbes noted.
“BREAKING 6-3 #SCOTUS strikes down latest Biden administration eviction ban. Justice Breyer dissents, joined by Justices Kagan and Sotomayor,” Fox News host Shannon Bream tweeted.
BREAKING 6-3 #SCOTUS strikes down latest Biden administration eviction ban. Justice Breyer dissents, joined by Justices Kagan and Sotomayor.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”
— Shannon Bream (@ShannonBream) August 27, 2021
The ruling hits Biden with another loss as he faces a myriad of challenges, including Afghanistan, the border crisis and inflation.
The end of the eviction moratorium also pushes the issue back to Congress. If Democrats want to extend the practice they will need to do so through legislation, something unlikely to happen.