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.
“The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach,” Robert Henneke, one of the lawyers in the case and general counsel for the Texas Public Policy Foundation. The Department of Justice declined to comment when reached by CNN. It is not clear if the agency plans to appeal the case. An estimated 10 million renters were behind on their rent and at risk of eviction in the middle of January, according to a Census Bureau survey.
A federal judge in Texas has ruled that the federal moratorium on evictions is unconstitutional, according to court documents https://t.co/QD7QRO42Oq
— CNN (@CNN) February 26, 2021
WE WON. @TPPF & @slf_liberty just won its lawsuit challenging the constitutionality of the @CDCgov residential eviction moratorium order. Federal district judge declared unconstitutional under the Commerce and Necessary & Proper clauses of the United States Constitution. pic.twitter.com/uQz3kzaBsT
— Rob Henneke (@robhenneke) February 25, 2021
In a new opinion striking down the federal eviction moratorium, a Trump judge argues — I shit you not — that RENTING A HOME IS NOT AN ECONOMIC ACTIVITY!https://t.co/9nZEgD8EdP pic.twitter.com/7tb2umprXA
— Ian Millhiser (@imillhiser) February 25, 2021
Here’s the basic explanation from Judge J. Campbell Barker, nominated to the federal bench by Trump at 37 and confirmed on a 51-47 vote: You see, renting your home may be an economic activity, but an eviction is not an economic activity! pic.twitter.com/jaq1O6SE8S
— Chris Geidner (@chrisgeidner) February 26, 2021