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No, they ruled against it. There were two moratoriums. The first was authorized by Congress. When that expired the CDC tried to unilaterally extend it and that
by mike_hearn 2y ago
No, they ruled against it. There were two moratoriums. The first was authorized by Congress. When that expired the CDC tried to unilaterally extend it and that was struck down:
https://www.americanbar.org/groups/business_law/resources/business-law-today/2021-september/supreme-court-strikes-down-the-cdc/ https://www.americanbar.org/groups/business_law/resources/bu...
Realtor associations and rental property managers in Alabama and Georgia again sued to enjoin the CDC’s new (“second”) moratorium. The District Court entered judgment for the landlords, and the Supreme Court affirmed.
The Supreme Court found that Congress could speak clearly when authorizing an agency to exercise the powers of vast economic and political significance that the CDC exercised in its order, but Congress had not done so. In addition, the CDC order “intruded” in an area that is the particular domain of state law: the landlord-tenant relationship. Absent clear Congressional authority, which was lacking, the CDC order was too broad and was properly struck down.
- jquery 2y agoSure, they ruled against the second moratorium, not the first. But it was a close ruling, because it's not as clear as you're making it sound. The CDC has very broad powers during a public health emergency. Not saying I agree with what Trump's CDC tried to do, but it's not clear to me that the law bars them from taking extreme measures during a pandemic. It just has to be continually justified by facts on the ground.