Court allows Biden deportations ban to remain in place for now

WASHINGTON – A federal appeals court has cleared the Biden administration’s moratorium on alternate evictions for the time being, delive...


WASHINGTON – A federal appeals court has cleared the Biden administration’s moratorium on alternate evictions for the time being, delivering a swift ruling on Friday in a politically charged case that heads to the Supreme Court.

In an unsigned one-page order, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit refused to prevent the government from implementing the emergency public health policy amid a court challenge brought by owners, including the Alabama Association of Realtors, play outside.

The Justice Department made no immediate comment. But Patrick Newton, spokesperson for the National Association of Realtors, which is not a party to the case but supports the owners and has spoken on their behalf, said he was convinced the Supreme Court would now act quickly to block the Politics.

“We are disappointed with today’s decision, but the plaintiffs will continue to fight on behalf of US PMOs and plan to immediately file an emergency motion with the Supreme Court,” Newton said. in a press release.

Centers for Disease Control and Prevention imposed the moratorium on evictions on August 3 in counties where Covid-19 is raging, a category that currently covers about 91% of counties in the United States. It replaced a previous national ban on evictions that had been in effect since September and has been extended on several occasions.

The ban finally expired in July, a month after the Supreme Court allowed the moratorium to continue, but strongly suggested that five justices would block the policy if the government extended it beyond its scheduled expiration.

President Biden, who initially had no plans to reactivate the ban, backed down in early August after coming under intense pressure to act from President Nancy Pelosi and other Democrats. In the meantime, the Delta variant has skyrocketed new cases of the coronavirus even as it became clear that most of the $ 46.5 billion Congress had appropriated for relief funds. emergency rentals had not yet reached tenants.

While Mr Biden’s legal team informed him that the publication of the revamped policy would be legal – the Supreme Court had not issued any definitive precedent – it also informed him that the policy was likely to be quickly canceled, officials said. Still, Mr Biden’s move turns out to have bought at least several more weeks to distribute the rent assistance funds.

The government first imposed the ban last year as part of its response to the pandemic. The idea was that many people were losing their jobs because of the crisis and might be unable to pay their rent, which could lead to a wave of overcrowding in homeless shelters and parents’ homes that would increase the spread of the disease. virus.

But the ban raised legal and political complexities. Sometimes it was explicitly imposed by Congress, but when those times passed the CDC expanded it on the basis of its emergency public health powers under a broadly drafted but vague 1944 law, which authorizes the government to enact rules it deems necessary to slow the interstate spread of disease.

The owners challenged the policy as exceeding the statutory authority of the CDC, and a trial judge, Dabney L. Friedrich of the District Federal Court for the District of Columbia, ruled that they were likely to prevail in this lawsuit and urged the government to continue enforcing the policy in the meantime – but it has also suspended its decision on appeals.

Litigation has since focused on whether this suspension should be lifted, meaning the government would be immediately barred from enforcing the policy.

Last week, Judge Friedrich issued a new ruling maintaining her stay in place, saying she did not have the power to block the revamped moratorium, although she still doubted the government would ultimately win. The appeals court cited its decision to achieve the same result, setting the case up for a trip back to the Supreme Court.

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Newsrust - US Top News: Court allows Biden deportations ban to remain in place for now
Court allows Biden deportations ban to remain in place for now
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