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Biden Administration Urges Supreme Court To Uphold Eviction Moratorium, Despite Knowing It Doesn’t Pass Constitutional Mustard

Credit: Fox Business

From FoxBusiness.com…

The Biden administration on Monday asked the Supreme Court to keep in place the moratorium on evictions in parts of the country hit hardest by the coronavirus pandemic, arguing the spread of the highly contagious delta variant increased the need for tenant protections.

A coalition of landlords and real-estate trade groups in Alabama and Georgia asked the court last week to lift the latest ban, issued by the Centers for Disease Control and Prevention on Aug. 3 and slated to run through Oct. 3. The freeze protects renters in areas with “substantial and high levels” of coronavirus infections – or about 90% of tenants.

“Congress never gave the CDC the staggering amount of power it claims,” the groups said in a brief filed Friday night with the Supreme Court.

There’s reason to believe that many of the court’s justices agree with that sentiment. Although the court in June left a previous moratorium intact, Justice Brett Kavanaugh – who cast the deciding vote – warned in his concurring opinion that he believed the CDC had exceeded its authority with the ban and that Congress would need to intervene in order to extend it.

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