Supreme Court Overturns Eviction Moritorium Again, 6-3 Ruling

The U.S. Supreme Court has again overturned the national eviction moratorium imposed by the Centers for Disease Control (CDC).  In a 6-3 ruling [pdf HERE] the court has rejected arguments that the CDC is permitted to arbitrarily enforce an eviction moratorium.  The high court notes such a government mandate would have to come from the U.S. Congress, not an unelected bureaucratic agency.

This is the second time the eviction moratorium has reached the Supreme Court this year.  In June, the court allowed the prior version of the moratorium to remain in place through July.  However, on August 3rd the CDC arbitrarily renewed it for two months.  This time the court halts it.  “It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

From the majority ruling: “It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 582, 585–586 (1952) (concluding that even the Government’s belief that its action “was necessary to avert a national catastrophe” could not overcome a lack of congressional authorization). It is up to Congress, not the CDC, to decide whether the public interest merits further action here.” (link)