The Department of Justice (DOJ) appeals the sentence of a judge who says one The order from the Centers for Disease Control and Prevention (CDC) to temporarily halt evictions during the coronavirus pandemic is unconstitutional, according to a notice filed Saturday night.
The Associated Press reports that prosecutors are appealing the decision of U.S. District Judge J. Campbell Baker to the U.S. Cour resource for the fifth circuit.
Baker ruled last week that the CDC had gone beyond its authority by issuing a moratorium on evictions.
“While the COVID-19 pandemic persists, so does the Constitution,” Barker wrote in his decision.
“The federal government cannot say it has ever invoked its power over interstate commerce to impose a moratorium on residential eviction,” proposed Barker, who was appointed by the former President Trump
Donald TrumpNoem defends response to South Dakota coronavirus, blocks CPAC speech On The Trail: Cuomo and Newsom: a story of two fit governors McCarthy: “I’d bet on my house” GOP recovers lower house in 2022 MORE, added. “It did not do so during the deadly Spanish flu pandemic. Nor did he invoke this power during the demands of the Great Depression. The federal government has not claimed this power at any time in the history of our nation until last year. “
The Trump administration issued eviction moratoriums in September last year that made it illegal to evict someone earning less than $ 99,000 or a couple filing a joint statement hoping to earn less than $ 198,000. The Biden administration extended the moratorium between February and June.
“The CDC eviction moratorium, which Congress extended last December, protects many tenants who are unable to pay their monthly payments due to job losses or health care expenses,” he said in a statement by Acting Deputy Attorney General Brian Boynton. “By preventing people from becoming homeless or having to move to more crowded homes, the moratorium helps curb the spread of COVID-19”