Posted on 05/05/2021 2:12:12 PM PDT by ChicagoConservative27
A federal judge on Wednesday struck down a nationwide moratorium on evictions that was ordered by the Centers for Disease Control and Prevention amid the pandemic — a policy that was designed to keep Americans in their homes as the coronavirus ravaged the US economy.
In an opinion filed in US District Court in Washington, DC, Judge Dabney Friedrich wrote that the agency did not have broad authority to keep landlords who sued the US Department of Health and Human Services from forcing out tenants who cannot afford their rent.
(Excerpt) Read more at nypost.com ...
Another glimmer of sanity.
Cdc should have no such authority.
But, but, but ... it is an Emergancy!
/sarc
So here we go... all those who spent their ‘stimulus’ money on toys instead of rent: your day of reckoning has now arrived.
Another glimmer of sanity.
Appointed by Donald Trump
Uh oh, people are going to have to go back to work. I can hear the screeching now.
RIOTS
Whoever at the CDC thought he (or she) could order a moratorium on evictions needs to be identified, publicized, and vilified.
Since this will make that judge, and the Democrats, look like Snidley Wiplash villains, the only thing to do in response... is to open up the economies of ALL remaining states! That’s so renters and mortgage holders can pay for their housing! Brilliant! If the last hold out Snidleys insist on lockdowns... lock them down... in the basement... permanently... with bricks and mortar!!!
They can’t riot, the money is being cut off. That extra unemployment is what funded the riots.
CDC is a PRIVATE organization, WITH NO AUTHORITY!!!!
Good question. Research shows,
The Federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states. The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC). - https://www.hhs.gov/answers/public-health-and-safety/who-has-the-authority-to-enforce-isolation-and-quarantine/index.html
September 20, 2020Washington — Dr. Scott Gottlieb, the former head of the Food and Drug Administration (FDA), criticized a new policy by the Department of Health and Human Services (HHS) giving only the secretary the authority to sign off on new rules, saying the timing "makes no sense" and risks creating the perception that the agency he helmed is being bullied...The New York Times reported on Saturday that Health and Human Services Secretary Alex Azar signed a new order prohibiting the nation's top health agencies from signing any new rules, including those affecting medical products and vaccines.
According to the September 15 memo, which CBS News obtained, such power "is reserved to the Secretary" going forward...Just before leaving the FDA, Gottlieb himself recodified an Obama-era tobacco regulation because he was concerned that HHS, which oversees the FDA, would centralize the rule-making authority and question its legitimacy. - https://www.cbsnews.com/news/scott-gottlieb-hhs-centralize-control-agencies-fda-makes-no-sense-face-the-nation/
cope of CDC Authority Under Section 361 of April 13, 2021 the Public Health Service Act (PHSA) Wen W. Shen
Since the beginning of the Coronavirus Disease 2019 (COVID-19) pandemic, all levels of Legislative Attorney government have grappled with how to stem the spread of the disease. ..
Under the United States’ federalist system, states and the federal government share regulatory authority over public health matters, with states traditionally exercising the bulk of authority in this area. Consistent with this framework, states and localities have been at the leading edge of the United States’ pandemic response in many respects. For instance, to varying degrees, they issued mandates aimed at promoting the relevant public health measures, including temporary stay-at-home orders, restrictions on public gatherings, requirements to wear face coverings under specified circumstances, and quarantine requirements for out-of-state travelers. Because adherence to some of these measures—particularly ones that place restrictions on business operations—resulted in income losses for their residents and businesses, states have also issued orders aimed at alleviating the pandemic’s associated economic impact. For example, many states temporarily halted evictions or provided other housing support to assist households that have experienced pandemic-related income losses that rendered them unable to pay rent. The federal government’s pandemic response to date includes providing support to states through guidance, technical assistance, and funding, as well as providing certain direct assistance to private entities and individuals, including through several pandemic relief legislations.
The scale and nature of the pandemic have prompted some commentators to call for the imposition of public health orders at the federal level. In their view, coordinated federal action, rather than a patchwork of state-level orders, is the more effective approach to addressing COVID-19, given that the virus that causes COVID-19 is highly transmissible and can cause serious illness in some people. Commentators have considered whether Section 361 of the Public Health Service Act (PHSA) could serve as a source of authority for such federal executive action. Section 361 authorizes the Secretary of Health and Human Services (HHS Secretary)—who, in turn, delegated the authority to the Centers for Disease Control and Prevention (CDC) and the U.S. Food & Drug Administration (FDA)—to issue regulations “necessary” to prevent the foreign and interstate spread of communicable diseases.
In September 2020, the CDC—in the broadest invocation of its Section 361 authority to date—issued an order that nationally halted residential evictions for certain tenants under specified conditions. The CDC concluded that this eviction moratorium was necessary to prevent the interstate spread of COVID-19 because evictions could lead a sizeable portion of the population to become homeless or to relocate to new congregate living situations that increase the risk of COVID-19 transmission. The CDC’s order—which could be characterized as both a public health and an economic regulation—could raise larger questions about the scope of agency authority under Section 361, including the CDC’s authority to implement transmission control - https://www.everycrsreport.com/reports/R46758.html
Centers for Disease Control.. What stones these people have.! The federal government is completely out of control..
No, because the judge didn't shoot down the extension of unemployment bonuses. Still safe there. My neighbor is making more $$$ than I do by 300-500 per month thanks to her unemployment bonus. Meanwhile, I work 40+ hours a week and she does whatever she wants to, all day long.
Landlords who lost rent should get tax credits for the rental income they lost. The tax credits should go on until the landlords get caught up, with interest.
If a government thinks it is so important, the tax payments should have gone directly to the landlords.
No it was not it was sorors
Landlords should now sue the CDC for the back rent.
CDC had no such authority.
The Executive Branch and its agencies do not MAKE laws.
Constitution 101
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