U.S. SUPREME COURT THROWS OUT NATIONWIDE EVICTION MORATORIUM; SAYING CDC "LACKED AUTHORITY"
" White House Scrambles Is It Calls On State & Local Entities To Act."
August 27, 2021 By Art Fletcher Reporting For: Englebrook Independent News,
WASHINGTON, DC.- The U.S. Supreme Court late Thursday in a 6-3 Majority ruled that evictions may resume across The United States, blocking The Biden Administration from enforcing a temporary ban put in place because of the coronavirus pandemic.
The Court's ruling late Thursday ends protection for roughly 3.5 Million people in The United States who said they faced eviction in the next two months, according to Census Bureau Date from early August.
The Court stated in an unsigned opinion that The Centers for Disease Control and Prevention, which reinstated the moratorium August 3, 2021, lacked authorities to do so under Federal Law without explicit Congressional Authorization. The Justices rejected The Administration's argument in support of The CDC's Authority.
" If a Federally imposed eviction moratorium is to continue, Congress must specifically authorize it," The Court wrote.
The three Liberal Justices dissented. Justice Stephen Breyer, writing for the three, pointed to the increase in Covid-19 caused by the Delta Variant as one of the reasons the court should have left the moratorium in place. " The public's interest strongly favors respecting The CDC's judgement at this moment, when over 90% of the counties are experiencing high transmission rates." Breyer wrote.
On evictions, Biden acknowledged the legal challenges the new moratorium would likely encounter. But biden said that even with doubts about what the court would do, it was worth a try because it would buy at least a few weeks of time for the distribution of more of the 46.5 Billion in rental assistance Congress had approved.
The Treasury Department said in a statement on Wednesday that the pace of distribution has increased and nearly a million households have been helped. But only about 11% of the money, just over $5 billion has been distributed by State and Local Governments. The Department said.
The Biden Administration has called on State and Local Officials to " move more aggressively" in distributing rental assistance funds and urged State and Local Courts to issue their own moratoriums to "discourage eviction filings" until landlords and tenants have sought the funds.
The High Court hinted strongly in late June that it would take this path if asked again to intervene. At that time, the court allowed an earlier pause on evictions to continue through the end of July. But four Conservative Justices would have set the moratorium aside, then and a fifth, Justice Brett Kavanaugh, said Congress would have to expressly authorize a new pause on evictions. Neither House of Congress passed a new eviction moratorium.
The Administration at first allowed the earlier moratorium to lapse on July 31, 2021, saying it had no legal authority to allow it to continue. But The CDC issued a new moratorium days later as pressure mounted from certain progressive liberal lawmakers and others to help vulnerable renters stay in their homes as the coronavirus' delta variant surged . The moratorium had been scheduled to expire October 3, 2021.
The earlier version of the moratorium, first ordered during the Trump Administration, applied nationwide and were put in place out of fear that people who couldn't pay their rent would end up in crowded living conditions like homeless shelters and increasing the spread of the virus.
The new moratorium temporarily halted evictions in counties with substantial and high levels of virus transmission and would cover areas where 90% of The U.S. Population resides.
The Biden Administration argued that the rise in the delta variant underscored the dangers of resuming evictions in areas of high transmission of Covid-19. But that argument did not win broad support in The U.S. Supreme Court.
Yesterday's ruling might have dire consequences for many households across the nation in the upcoming months, but once again The Biden Administration's inability to properly evaluate the circumstance at hand, will place millions american families in jeopardy of becoming homeless.
FILED UNDER AUGUST 27, 2021: NATIONAL, POLITICS, WASHINGTON: