Federal Judge Rules Eviction Moratorium Unconstitutional

Friday, February 26, 2021

A federal judge in Texas on Thursday ruled that the federal moratorium on evictions is unconstitutional, according to court documents. US District Judge John Barker, who was appointed by then-President Donald Trump to the court in the Eastern District of Texas, stopped short of issuing a preliminary injunction, but said he expected the US Centers for Disease Control and Prevention to respect his ruling and withdraw the moratorium.

Posted by Corky at 03:30 PM | 9 COMMENTS | permalink | Comment on This Entry |

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It's not an economic activity? I guess landlords don't need to report it as a source of income...... Donald Trump would like that... Maybe that was the point of this ruling all along.

#1 | Posted by Tor at 2021-02-26 04:12 PM | Reply

Trump judge, nothing more to say. Dems have to find a way to purges these -------- out of the judiciary or expand the judiciary to water down their influence. This will be a serious problem for more than a generation.

#2 | Posted by _Gunslinger_ at 2021-02-26 04:14 PM | Reply | Newsworthy 1

Actually, this judge apparently made a ruling but then placed it in the hands of the CDC to do something about it. But without direction,they can choose to do nothing and then leave it to landlords to enforce it and run the risk of losing in a higher court.
Sounds like this judge was too chicken to pass an actual edict.

#3 | Posted by prius04 at 2021-02-26 04:37 PM | Reply

Moratorium on evictions doesn't include those landlords who decide to sell the property.

I know, because I was issued a notice to vacate our current premises in 60 days.

Irony being I didn't ever need to rental protection; I've been paying my rent on time all throughout COVID.

But I'm the one that gets kicked out.

#4 | Posted by rstybeach11 at 2021-02-26 06:23 PM | Reply

I have a feeling this judge is gonna be on somebody radar. I'm gonna laugh when he suddenly seeks retirement. Now is not the time to be issuing idiotic rulings like this.

#5 | Posted by penguinhead at 2021-02-26 06:39 PM | Reply

There are two sides to eviction, I have sympathy for those who have lost jobs etc. but thousands of landlords aren't rich, have mortgages, etc. If you want to impose a moratorium on evictions then also extend it to forclosures, if you don't then it can't ever work. My opinion, extend both for the entirety of the pandemic, no interest should be charged during that time. I have friends who are landlords, very small properties, and they truly suffer when they can't evict very evil people from their apartments. The other residents there suffer more than they do because of the evil scum that us the moratorium as an excuse to do truly evil things with impunity. One of them actually attacked a police officer, was arrested but was back in the apartment just a few days later so that they could then actively and purposely start destroying the property and threatening all of the elderly residents who lived there peacefully. My friend finally did succeed in evicting them though, she is a very compassionate and kind person but she is also a tough cookie. I love her dearly as a friend but I would never want to face her as an enemy. Tiny but tough as nails!

#6 | Posted by danni at 2021-02-27 06:00 AM | Reply

How's that unrentable property working for you now, Tsarist landowner wannabes?

#7 | Posted by john47 at 2021-02-27 03:20 PM | Reply

(AP) " The Justice Department said Saturday it will appeal a judge's ruling that found the federal government's eviction moratorium was unconstitutional.

In a statement, Brian Boynton, the acting assistant attorney general in charge of the Justice Department's civil division, said prosecutors respectfully disagreed with the judge's ruling and noted it only applied to parties in the case, not broadly to others.

The CDC's eviction moratorium, which Congress extended last December, protects many renters who cannot make their monthly payments due to job loss or health care expenses," he said. "By preventing people from becoming homeless or having to move into more-crowded housing, the moratorium helps to slow the spread of COVID-19."

The CDC eviction moratorium was signed in September by President Donald Trump and extended by President Joe Biden until March 31.

Barker, who was nominated by Trump in 2018 to serve in the Eastern District of Texas, stopped short of issuing an injunction in the case. Several property owners had brought the litigation arguing that the federal government didn't have the legal authority to stop evictions.

www.foxnews.com

#8 | Posted by Corky at 2021-03-01 10:51 AM | Reply

First, why is this under the purview of the CDC?

I agree that the moratorium may be unconstitutional. At the same time, I fail to see where landlords in areas where non-payment is high thanks to the pandemic are going to gain anything by evicting tenants. From my perspective, landlords would be far better off trying to work out a deal.

I also fail to see how increasing homelessness will help either the property owners or society.

Rather than an eviction moratorium, there should have been some function for emergency rent and mortgage compensation in one of the stimulus bills.. ..perhaps instead of passing a trillion dollars to the one percent.

#9 | Posted by Whatsleft at 2021-03-01 11:57 AM | Reply