Legal Authority and the Eviction Moratorium

The Washington Post reports that progressive Democrats have “erupt[ed] in fury” at the Biden Administration because the Centers for Disease Control did not renew its moratorium on evictions. The Administration’s critics may be right on the policy, but they are wrong on the law. The difference matters. The CDC imposed the moratorium as a public health measure, worrying that a wave of evictions resulting from the economic devastation of the early pandemic would trigger community spread of the coronavirus. The Supreme Court has indicated the executive branch has no further authority. The CDC has no free-ranging economic power, nor should … Continue reading Legal Authority and the Eviction Moratorium