GOV/MIL In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional

[Cacheman]

In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional

"The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement.

justthenews.com

In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional

"The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement.

By Alex Nitzberg

2 minutes


A federal judge has declared the Centers for Disease Control and Prevention temporary eviction moratorium unconstitutional, according to the Texas Public Policy Foundation.

The moratorium prohibits property owners from ousting tenants meeting certain criteria who are unable to pay their rent.

"Today, the court held that the federal government cannot interfere with private property rights or citizen's access to the courts to exercise their rights under state law," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement. "The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach."

"Texas Public Policy Foundation and Southeastern Legal Foundation jointly represented a coalition of residential landlords and property managers," according to a press release.

The Southeastern Legal Foundation, which assisted the legal challenge, said the ruling was a victory against government overreach.
“The court’s order today holding the CDC’s interference with private property rights under the veil of COVID-19 serves as notice to the Biden administration that the Constitution limits government power,” general counsel Kimberly Hermann said.

 

[night driver]

THAT will set the cat in with the chickens!!

Not in an unwarranted way, either.

That chug chug chug you hear is the Time Warp Train engine hauling us back to 2008, with some leaking nitro-methane, and ethanol/methanol and gasoline tank cars. Just to make sure that the conflagration gets bigger than the last one.

 

[Kris Gandillon]

Does this ruling impact nation-wide or is it limited to only Texas?

 

[Cacheman]

Eviction moratorium is unconstitutional, federal judge rules

A federal judge in Texas ruled that the Centers for Disease Control and Prevention's temporary moratorium on evictions is unconstitutional.

www.washingtonexaminer.com

Eviction moratorium is unconstitutional, federal judge rules
by Mica Soellner, Breaking News Reporter | | February 25, 2021 11:00 PM

2-3 minutes


A federal judge in Texas ruled that the Centers for Disease Control and Prevention's temporary moratorium on evictions is unconstitutional.

U.S. District Judge John Barker said on Thursday that he expects the CDC to respect his ruling and withdraw its moratorium but stopped short of issuing a preliminary injunction.



"Although the COVID-19 pandemic persists, so does the Constitution," Barker wrote in a 21-page ruling, which came after a group of landlords and property managers sued the CDC in October.

The plaintiffs believed the agency was exercising authority the federal government did not have, using the pandemic as a shield. They were represented by two conservative legal groups, including the Texas Public Policy Foundation and Southeastern Legal Foundation.

"The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach," Robert Henneke, general counsel for the Texas Public Policy Foundation, told CNN.

Barker, appointed by former President Donald Trump to the court in the Eastern District of Texas, also ruled that Congress has no authority to grant the CDC the power to halt evictions nationwide, saying the moratorium undermines the rights of landlords under state law.

The CDC issued the moratorium to help reduce the spread of the coronavirus by keeping people in their homes during the pandemic.

The order, initially issued by Trump last September, made it a crime for property owners to evict tenants unable to pay rent and pursue affordable housing options.



President Biden extended the protections, which were set to expire at the end of January, with the additional approval of Congress.

Biden set the new deadline to last through March, but it is unclear where it will stand under Barker's order. The Justice Department can appeal but did not immediately respond to the Washington Examiner's request for comment on whether it would plan to do so.

 

[Kathy in FL]

This is a federal judge. Still my guess is someone is going to bump it to a higher court ... and higher, and higher, until they get the ruling they want or they run out of higher courts. And seeing as how this current supreme court seems to be removing itself from its duties by sticking its fingers in its collective ears and going la-la-la-la I'm pretty sure that this ruling means little to nothing in the long run.

 

[Cacheman]

Next court will be the Fifth Circuit Court of Appeals and they will agree with this judge

 

[Blacknarwhal]

Oh Tame Supreme Court, take care of this please. Don't listen to the elderly black man. No one cares what he thinks any more.

 

[sssarawolf]

This is a federal judge. Still my guess is someone is going to bump it to a higher court ... and higher, and higher, until they get the ruling they want or they run out of higher courts. And seeing as how this current supreme court seems to be removing itself from its duties by sticking its fingers in its collective ears and going la-la-la-la I'm pretty sure that this ruling means little to nothing in the long run.

I agree with you.

 

[Publius]

Does this ruling impact nation-wide or is it limited to only Texas?

Good question from some of the rules all courts much abide by the federal government laws cannot have any effect on state constitutions and legislated acts With the exception of state law going against the USA Constitution.

 

[Daytonabill0001]

Does this ruling impact nation-wide or is it limited to only Texas?

IDK, it was in Texas, but it was a Federal Court...

There's no easy answer to this, other than unshackle the economy and try to reduce to a trickle, a raging flood of desperate homeless with children from becoming animals to feed their family. I can see how they can bring society down to the knees and usher in a period of time where it's every man for himself and they got guns...

The really BIG question is, was THIS planned along with all of the progressive's shenanigans with the fake election and false flags in the big cities of the USA?

A Civil War between the people made homeless by the state's lockdowns and the working people of the free states whose government refused calls for mandatory lockdowns seems probable if this threat of homelessness isn't fixed. It's going to take the wisdom of Solomon to fix this.

All of those people, having nothing to lose, will be heading to Florida. What then?

I bet that was the plan and the CDC is complicit because it is full of like minded progressives...

Looks like the "Businessmen's Plot" had another arm working in the shadows while our attention was focused on Preston Bush's trouble making, then forgotten...

WIKI;
The Business Plot was a political conspiracy in 1933 in the United States to overthrow the government of President Franklin D. Roosevelt and install a dictator.

As much as it pains me to say this, "Only the IRON ROD of a strict king, who is predisposed to the moral people and antagonistic to the lawless ones of society, can save our Republic".

 

[Meemur]

It's at least a step in the right direction. Landlording (when done correctly) is a business.

I regard these rulings, that tenants can't be evicted, as part of the war against small businesses.

 

[hunybee]

Oh Tame Supreme Court, take care of this please. Don't listen to the elderly black man. No one cares what he thinks any more.

isn't that so ironic.....

 

[Housecarl]

Tick, tick, tick....

 

[pinkelsteinsmom]

Finally, here goes the real estate market thank GOD, it had to happen after the moratorium on evictions. The real estate industry is dying, people are stuck in these blue states because even if they sold their home they have nowhere to go. Rental owners are bankrupt and as sad as it is this goes to show the damage these unconstitutional Governors and the CDC et al has wrought on America. I can't wait to see Inslee and others up before the new nuremberg trials for their part in these unbelievable crimes against humanity.