August 30, 2021

Eviction Moratorium

From the Right

The right supports the decision, arguing that the moratorium was beyond the CDC’s authority.

From the Left

The left is generally critical of the decision, arguing that it places many people at risk of eviction.

The left is generally critical of the decision, arguing that it places many people at risk of eviction.

A libertarian's take

“If the CDC's understanding of its powers were correct, it would have the authority to make any of its frequently contentious COVID-19 recommendations, including its advice on mask wearing by K–12 students and the general public, mandatory. Rather than focus on people who move because they are evicted, it could simply decree that no one is allowed to change residences. It could require every American to be vaccinated against COVID-19. It could unilaterally impose nationwide shutdowns of businesses and order every American to stay home except for ‘essential’ purposes. It could prescribe fines and jail sentences for people who defy those requirements, as it has with the eviction moratorium…

“The fact that nobody seems to have noticed that the CDC had such powers until last September (76 years after the Public Health Service Act was passed), coupled with the fact that Biden himself contradictorily takes the view that the executive branch does not have the authority to impose measures such as general mask and vaccination requirements, shows how implausible the CDC's interpretation of the statute is. Under the nondelegation doctrine, which says Congress cannot transfer its legislative powers to the executive branch, it is not even clear that Congress could give the CDC such sweeping authority if it wanted to do so.”
Jacob Sullum, Reason

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