Texas judge rules federal eviction moratorium unconstitutional

 

By CASSANDRA POLLOCK and ANNA CANIZALES

The Texas Tribune

 

The federal moratorium on evictions is unconstitutional, a federal judge in Texas ruled Feb. 25, siding with property owners in the state who have argued that the U.S. government does not have the power to stop evictions.

U.S. District Judge John Barker, an appointee of former President Donald Trump, said he would not issue a preliminary injunction and instead expected the U.S. Centers for Disease Control and Prevention to 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,” Barker wrote in his ruling. “The federal government has not claimed such a power at any point during our nation’s history until last year.”

The CDC’s order, which halted evictions for tenants who among other things had tried to get rental assistance, was originally slated


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