Two Federal District Courts Have Ruled Against the Moratorium, on Two Different Grounds.
The Centers for Disease Control and Prevention (“CDC”) issued a nationwide injunction last year against certain evictions for nonpayment of rent as part of its efforts to contain the spread of COVID 19. Two separate Federal District Courts, using different legal theories, have ruled against the CDC’s use of the moratorium.
In the Texas case of Terkel v. Centers for Disease Control & Prevention, the District Court Judge ruled that the Congress lacked authority under the Commerce Clause of the U.S. Constitution to authorize the CDC to issue the moratorium.
In the Ohio case of Skyworks, Ltd. v. Centers for Disease Control and Prevention, the Judge ruled Congress had not actually authorized the CDC to adopt a nationwide eviction moratorium.
Sixth Circuit Denies Relief.
The CDC filed a request for emergency stay with the Sixth U.S. Circuit Court of Appeal in the Skyworks case. The Court denied the stay, concluding that it was not likely to succeed on the merits of its appeal because the CDC had exceeded its authority.
For an excellent legal analysis of both cases, please read the article on Mondaq (free subscription required) by attorneys Patrick J. Kennedy and David M. Bizar of Seyfarth Shaw LLP.
Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.
© 2021 Michael S. Oswald