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The U.S. Supreme Court on Thursday lifted the Biden administration’s ban on evictions. The decision challenges the policy of a coalition of landowners and real estate business groups.
The court said in an unsigned opinion (PDF) that the Centers for Disease Control and Prevention, which imposed a new ban on August 3, exceeded its authority in issuing the ban. The conservative majority of the court agreed with the challenger’s argument that the agency would need the clear permission of Congress to do so, the judge ruled in his 6-3 decision. Three Liberal judges disagreed.
“The CDC has relied on a decades-old law to impose a nationwide ban on evictions, which gives it the power to enforce measures such as smoke and pest control,” Roy said. “It puts a strain on trust in the belief that the law gives the CDC the broader authority it claims.”
The CDC had on July 31 extended the temporary suspension for 60 days after the expiry of the previous federal block on residential evictions. By Covid 19 and Delta variant.
Approximately 44 million households تقریبا approximately one-third of the U.S. population دار are tenants, many of whom have been protected from eviction prevention since Congress passed the Early Care Act in March 2020. The CDC said in its statement that the Public Health Service Act 1944 authorized it to do so.
The 1944 statue empowers the American Surgeon General to “make and enforce rules and regulations” that are in the agency’s “decision necessary to prevent the introduction, transmission or spread of infectious diseases.”
In issuing the latest suspension, the CDC argued that its decision was justified by “recent, unexpected developments in Cove 19 epidemic diseases, including the rise of the Delta variant.”
In his opposition, Justice Stephen G. Breyer upheld the CDC’s position. “The public interest is in favor of respecting the CDC’s decision at a time when transmission rates are high in more than 90 counties,” he wrote.
The White House did not immediately respond to a request for comment.
More to come.
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