Friday, February 26, 2021

Eviction Moratorium Ruled Unconstitutional


Here's a small step toward respect for private property.

 A federal U.S. District Judge in Texas ruled Thursday that the moratorium on evictions due to the pandemic is unconstitutional.

Trump-appointee John Barker  ruled that the Centers for Disease Control and Prevention’s (CDC) halt on evictions exceeded the authority of the federal government. Barker, however, did not issue a preliminary injunction but noted he expects the CDC to abide by his ruling and withdraw the moratorium, notes the Daily Caller.

“Such broad authority over state remedies begins to resemble, in operation, a prohibited federal police power,” Barker wrote.

Now if we could just find a judge willing to rule the lockdowns unconstitutional so that people could actually get to work and be able to pay their rent.

But, of course, the Biden administration is instead focusing on methods to workaround the judge's order.

White House officials told the Daily Caller that the president is disappointed with the decision from Barker and that the Department of Justice is evaluating options to proceed with the moratorium.

-RW

2 comments:

  1. its a takings: taking private property without compensation.

    Property is a bundle of rights. If you cannot exclude another person and you cannot collect rent, the only sticks left in the bundle for you are paying property taxes maintaining and insuring.

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  2. From what authority is ANYTHING the CDC mandates somehow constitutional? Like the travel testing now going on on flights. travel bans, etc? None of it is constitutional. The CDC should not even exist.

    ReplyDelete