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Judge strikes down CDC’s ban on evictions nationwide
nypost ^ | 05/05/2021 | Ben Feuerherd

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; Your Opinion/Questions
KEYWORDS: cdc; evictions; federaljudge; housing; judge; nationwide; realty; rent; strikes
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To: ChicagoConservative27

A win for our team.


21 posted on 05/05/2021 2:44:06 PM PDT by Signalman
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To: alancarp
...your day of reckoning has now arrived.

And everybody else's too.

Just where do you suppose all of those deadbeat renters are going to go? Many have no place they can go. Many will not leave peaceably. Some will leave after trashing their former residences out of spite, and making them uninhabitable. Some evictees will end up living 12 to a house - in a neighborhood way too close to you and me.

90% of the rental properties (apartments) in this metro area are owed by 12 Real Estate Investment companies. All of those companies are controlled by Chinese investors. Not noted for their forbearance. There are about 200,000 pending eviction notices which will be enforced as soon as moratoriums expire later this spring.

I am glad that I am not on any Sheriff detail tasked with evictions. They are gonna be swamped. Not looking forward to the aftermath.

Spicy times are coming.

22 posted on 05/05/2021 2:46:58 PM PDT by flamberge (Time has run out. Work with what you've got.)
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To: daniel1212

Great post brother!😊


23 posted on 05/05/2021 2:52:25 PM PDT by jimbug
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To: ChicagoConservative27

Haven’t read the decision yet, but heads up that finding wrong and fixing it are not the same thing.

Judge can find the CDC lacks the authority, but that “reliance” interests require the regulation be allowed to run its course. This is what SCOTUS did with deporting people in the country illegally. DREAMERS could stay, because they relied on Obama’s illegal order. Trump could not undo the illegal order without following the proper procedure.

This is peanuts compared with the usual federal idiocy. Congress let GWB create a military court, even though the constitution says that Congress has that power. Took about five years before anybody whose voice mattered, noticed and said something. No case was “undone” as a result. We are still living with the mess.

See too 4th amendment jurisprudence and practice, and just about everything else fedzilla touches.


24 posted on 05/05/2021 2:55:46 PM PDT by Cboldt
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To: flamberge

Evictions have to happen. Landlords should not be responsible for absorbing lost rent. Let the zombies come. This all has to end poorly some time. The longer we wait, the worse it will get. I do see your point, but the madness has to end.


25 posted on 05/05/2021 3:01:00 PM PDT by ThunderStruck94
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To: All

Why does the cdc even have the authority ?


26 posted on 05/05/2021 3:13:23 PM PDT by escapefromboston (Free Assange )
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To: ChicagoConservative27; All
"Since when did the CDC make laws?????"

Not only does the constitutionally undefined CDC have no express constitutional power to make laws, but the states have never expressly constitutionally given the feds the specific power to dictate quarantine policy, doing so uniquely a peacetime state power issue.

Consider the reference to unique state powers to quarantine in the New York v. Miln excerpt below, the third item in the list.

In fact, the Supreme Court possibly got a clue about unique state power to regulate INTRAstate healthcare, including the power to quarantine, from the writings of Thomas Jefferson.

"Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.

Regarding federal government stealing of state powers, patriots need to primary (2022) federal and state lawmakers who don’t agree to stop the feds from stealing state powers.

More specifically, in addition to promising to make laws that require all actions of the federal government must be reasonably justified by a power expressly constitutionally delegated to the feds by the states, candidates for federal and state office also need to promise this. When the federal government accuses someone of violating a law, judges and law enforcement officials should be required to do the following.

Judges and law-enforcement officials need to be required by law to inform the accused of the constitutional clause(s) that arguably justifies the allegedly broken law for further scrutiny of the constitutionality of that law, especially where unconstitutional federal peacetime gun control laws are concerned imo.

27 posted on 05/05/2021 3:15:33 PM PDT by Amendment10
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To: ChicagoConservative27

Better optics to do the evictions when it’s warm outside that wait until winter.


28 posted on 05/05/2021 3:16:21 PM PDT by Rebelbase
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To: ChicagoConservative27

CNN and all the rest of the propaganda networks will be running stories of single, jobless mothers being cruelly kicked out onto the streets of the jungle to fend for themselves.


29 posted on 05/05/2021 3:17:59 PM PDT by Rebelbase
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To: rdl6989

They don’t. Those powers belong to the states.


30 posted on 05/05/2021 3:23:06 PM PDT by Vermont Lt (. )
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To: ChicagoConservative27

If the CDC can apply their quarantine authority for this and get in the way of a landlord receiving rent, a landlord should be able to counter it by exercising his 3rd Amendment right.


31 posted on 05/05/2021 3:25:26 PM PDT by mikey_hates_everything
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To: flamberge

Is this in Denver ?


32 posted on 05/05/2021 3:35:20 PM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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To: ChicagoConservative27

This took far, far too long to be correctly decided.

And yet everyone involved all along the way knew it had no basis in law.

Innumerable people have lost their retirement and/or life’s savings because of this fascist action.


33 posted on 05/05/2021 3:42:50 PM PDT by Mariner (War Criminal #18)
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To: ChicagoConservative27

The ruling, https://realestateinvestingtoday.com/wp-content/uploads/2021/05/ALABAMA-ASSOCIATION-OF-REALTORS-et-al-v.-UNITED-STATES-DEPARTMENT-OF-HEALTH-AND-HUMAN-SERVICES.pdf

And the government has filed an appeal https://context-cdn.washingtonpost.com/notes/prod/default/documents/1c103765-4446-4a06-9e33-68914a0254e2/note/e1fc0be9-8584-483c-8877-b26e38b65de2.


34 posted on 05/05/2021 3:43:23 PM PDT by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: daniel1212
The scale and nature of the pandemic have prompted some commentators to call for the imposition of public health orders at the federal level.

So "commentators" ("Obamanators?") are making laws, now? Congress is too busy fundraising?

35 posted on 05/05/2021 3:55:14 PM PDT by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: ChicagoConservative27

No part of the government has the right to invalidate the terms of a contract.
The executive order was illegal.
In effect the government has taken possession of your property and prevented you from collecting rent. It has forced you into indentured servitude as you must provide a place to live without recompense.

Where this is going is the complete usurpation of private property. That would be communism but they will never call it that.


36 posted on 05/05/2021 4:06:20 PM PDT by I want the USA back (Non-binary transnormativity is a construct of intersectionality. Leftist gobbledegook stinks.)
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To: ChicagoConservative27

Help tenants with rent subsidies, not by unconstitutionally ripping-off landlords. Its basic equity. The landlords are not to blame for the tenants’ inability pay, so the cost of the help should not be borne solely by them.


37 posted on 05/05/2021 4:06:21 PM PDT by Socon-Econ (adical Islam, )
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To: FreeReign
Can you imagine if you were a landlord, and some DC bureaucrat tells you that you can't evict your delinquent tenant.

Can you imagine that you ran a chain of grocery stores and a local government entity (city, county) told you that you had to pay your employees $4 more an hour because of Covid? More unconstitutional madness.

38 posted on 05/05/2021 4:09:58 PM PDT by rexthecat (nks!)
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To: FreeReign

I am a landlord own 8 rental houses lowered rent 200 a month everybody current but crazy polucy


39 posted on 05/05/2021 4:13:17 PM PDT by genghis
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To: PistolPaknMama

Just how the hell did CDC assume (unchallenged) the ability to set this rule, in the first place?
Boggles the mind...


40 posted on 05/05/2021 4:47:25 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion. The Dhimmicraps are ALL Traitors. All of them.)
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