2 ms·
The federal eviction moratorium has been overturned as unconstitutional, a court concluding "that the federal government's Article I power to regulate interstat
by fennecfoxen 6y ago
The federal eviction moratorium has been overturned as unconstitutional, a court concluding "that the federal government's Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium." (Notice that Terkel vs CDC was a declaratory judgment on the constitutional question of the Commerce Clause, while earlier cases upholding the moratorium challenged it on the premise the CDC exceeded its authority, or that its use of that authority was an unlawful delegation of legislative power. Litigation will probably continue.)
If the government tried went beyond that to a rent moratorium, they'd definitely lose. It would be a "Law impairing the Obligation of Contracts," explicitly forbidden in the Constitution. Like, the original Constitution, not even an amendment: the Constitutional Convention forbade it even before they guaranteed the freedom of religion and of speech.