Categories
Uncategorized

Federal judge in Texas rules eviction moratorium unconsitutional

A US district court judge in Texas has ruled that a federal eviction moratorium put in place due to tenants economic hardship brought on by the coronavirus pandemic is unconstitutional, a judgement that could prompt the immediate evictions of hundreds of thousands of people from rented homes, CNN reports.

An appointee of Donald Trump, Judge John Barker Eastern District of Texas stopped short of issuing an immediate injunction that would void the moratorium, saying that he expected the Centers for Disease Control and Prevention, the federal agency under which the moratorium falls, to immediately withdraw the moratorium.

“The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium. It did not do so during the deadly Spanish Flu pandemic. Nor did it invoke such a power during the exigencies of the Great Depression. The federal government has not claimed such a power at any point during our Nation’s history until last year,” Barker wrote.

As of August 1, 2020, roughly one-third of residential renters had missed at least one rent payment since the pandemic began.  Congress passed, and Donald Trump signed into law, an eviction moratorium in March 2020 with the CARES Act, which provided aid to people impacted by economic losses from the pandemic.  Trump issued an executive order, called the Eviction Moratorium Order, to extend the order through October.  The second coronavirus relief bill, signed in December, extended it through January.  President Biden extended it through March.  The basis of the order was that coronavirus presents a public health crisis which would be escalated by eviction.

A continuation of the moratorium is part of the pending $1.9 billion COVID relief package before Congress now.  President Joe Biden has said that financial assistance for independent landlords–those who rent twenty or fewer properties and who control a majority of residential rental properties–is a priority in the upcoming aid package.

A group of Texas landlords, represented by two conservative advocacy groups, sued the CDC and the Department of Health and Human Services claiming that the eviction moratorium overreached in federal power.

“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, said in a statement.  The other group in the case was the Southeastern Legal Foundation.

According to a January survey by the Census Bureau, an estimated 10 million Americans are behind in rent payments and could be evicted.  Sixteen million renters were uncertain that they could pay their February rent.  Additionally, six million homeowners were late on paying mortgage payments coming into 2020.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Private sector solution to deportations eyed by private sector

43 minutes ago

Senate delaying Stefanik confirmation vote

2 hours ago

Picasso no longer available for adoption in Muscatine, Iowa

9 hours ago

Los Angeles ICE raid sweeps up 12 out of 120 targeted

11 hours ago

Coast Guard urges Great Lakes-area residents to be careful on ice

13 hours ago

Wyoming Republican suddenly in favor of “preferred pronouns”

14 hours ago

Judge denies AP bid for injunction on White House access

15 hours ago

Denny’s to begin surcharging for eggs

15 hours ago

WATCH LIVE: Macron stuck next to demented old piss fetishist

17 hours ago

“Non-responses are not considered a resignation”

17 hours ago

Florida Quebecois-American Trump fan motelier annoyed by consequences, says countrymen ghosting him “way overreacting”

18 hours ago

Russian tourist poses for pic while hanging out of train in Sri Lanka

19 hours ago

How long until Republicans start shrieking “insurrection” again?

20 hours ago

Wall Street already tired of Trump’s bullshit and volatility

22 hours ago

House GOP looking to impose work requirements on SNAP

24 hours ago

Fox News reject fails upward to Deputy FBI Director

1 day ago

Orange Fuhrer freaking out over Michael Wolff book, again

2 days ago

Frederich Merz on track to become next German chancellor

2 days ago

Cleanup on Aisle MAGA

2 days ago

Regime to deport unaccompanied undocumented minors to protect them from sex trafficking and other exploitation: memo

2 days ago

Jeffries not ready to lift a finger to help House GOP fund government

2 days ago

Fox News excited Idaho maniac could face firing squad

2 days ago

Pope Francis in “critical condition”

3 days ago

WATCH LIVE: CPAC shitshow, Day 3

3 days ago

“ELON IS DOING A GREAT JOB, BUT”

3 days ago

Missouri Republican intros bill creating pregnancy registry

3 days ago

Movie Night Friday: Everest

3 days ago

Massachusetts teenagers rescued from waist-deep snow

3 days ago

Nice “gotcha” there, you fucking idiot

4 days ago

Acting ICE director sacked

4 days ago

Dow Jones sinks below January 20th level

4 days ago

“This is a deeply personal matter that is being unfairly exploited for political purposes”: Cory Mills’s not-wife after alleged assault

4 days ago

Report: Trump to join Putin for World War II victory parade

4 days ago

Capitol Police arrest Enrique Tarrio

4 days ago

Patriotic Red Stater chooses to celebrate Second Amendment

4 days ago

Judge appoints special counsel to fight Adams dismissal

4 days ago

“Eggs, I’m hearing so much about eggs”

4 days ago

MAGA Congressman Cory Mills under investigation for assault

4 days ago

Ronny Jackson evidently a Paramount+ subscriber

4 days ago

WATCH LIVE: MAGA cosplay fan-con, Day 2

4 days ago

Florida man and alligator both win fight

4 days ago

Orange Asshole lets James Carville get to him

4 days ago

Shoving Jim Acosta out the door sees real results for CNN

4 days ago

Conscientious Amtrak passenger keeps undershirt and briefs on

4 days ago

Hong Kong Democrats no longer in disarray

4 days ago

Fox News reports tiny red dots of liberty cropping up in Blue State

4 days ago

“He had been a supporter of President Trump prior to the layoff”

4 days ago

Canada 3 – USA 2 in Four Nations Face-off Final

4 days ago

Constituents boo Georgia MAGA Congressman defending DOGE

4 days ago

Orange Empire to vanquish Haitian refugees

4 days ago

x
x
x
x
x
x