In late June, the Supreme Court “denied a request by a group of Alabama real estate agents to block a federal moratorium on evictions that was imposed because of the COVID-19 pandemic. Justice Brett Kavanaugh provided the key vote to leave the moratorium in place, joining Chief Justice John Roberts and the court’s three liberal justices. Kavanaugh wrote that, although he agrees with the real estate agents that the Centers for Disease Control and Prevention exceeded its authority when it issued the ban, he nonetheless voted to leave the ban in place because it is scheduled to expire soon.” SCOTUSblog
“A U.S. appeals court ruled on Friday that the Centers for Disease Control and Prevention lacked authority for the national moratorium it imposed last year on most residential evictions to help curb the spread of the coronavirus. The ruling by the 6th U.S. Circuit Court of Appeals in Cincinnati means judges in Tennessee, Kentucky, Ohio and Michigan are no longer bound by the moratorium… The moratorium is set to expire on July 31 and the Biden administration said in June it would not grant further extensions.” Reuters
The left urges state and local governments to distribute rental aid more expeditiously and also to enact stronger tenant protections.
A libertarian's take
“The CDC’s rationale for its eviction moratorium, which applies to renters who claim financial hardship, is that evicted tenants might ‘become homeless’ or move in with other people, thereby increasing the chances of virus transmission. The same rationale could justify an outright ban on changing residences or even broad economic interventions aimed at making sure that all tenants have enough money to cover their rent. Where does the CDC get these vast powers, which somehow exceed even the president’s?…
“As US District Judge J. Philip Calabrese noted in March, the reading favored by the CDC would ‘implicate serious constitutional concerns’ by authorizing ‘action with few, if any, limits — tantamount to creating a general federal police power.’”
Jacob Sullum, New York Post