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.
Uh oh, people are going to have to go back to work. I can hear the screeching now.
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!!!
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..
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.
Landlords should now sue the CDC for the back rent.
A win for our team.
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.
Why does the cdc even have the authority ?
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.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
"Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
"Obviously, direct control of medical practice [emphases added] in the states is beyond the power of the federal government.” —Linder v. United States, 1925.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
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.
Better optics to do the evictions when it’s warm outside that wait until winter.
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.
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.