Texas No Longer Observing CDC Eviction Moratorium
Texas No Longer Observing CDC Eviction Moratorium

By Matthew Vadum

The Texas Supreme Court has directed courts in the state to stop honoring the federal moratorium on residential evictions that a federal judge in the state already struck down in late February as unconstitutional.

The Texas Supreme Court’s 34th emergency order that applied the Centers for Disease Control and Prevention’s (CDC) moratorium on evictions expired March 31 and hasn’t been renewed, which means new and paused eviction applications may now move forward.

The Texas Justice Court Training Center, which is responsible for training eviction court judges, is now encouraging judges to set new hearings for old cases that were put on hold by the CDC order, to determine if landlords want to proceed.

“This just means that the courts in Texas would follow Texas procedure in law, which doesn’t have anything in it about the CDC moratorium. Now there could be local laws that would maybe have a moratorium,” said Theadora Wallen, the Center’s executive director, according to the Texas Tribune.

One lawyer said she fears the worst.

“I think that it’s fair to say that the entire state is now under threat of massive eviction,” Dana Karni, managing attorney with Lone Star Legal Aid, told Houston Public Media. “The fact that the Texas Supreme Court emergency order is not being renewed is definitely a blunt blow to tenants and tenant protections.

“At this point, the only protection we have is from the CDC,” she said. “The floodgates have now been opened.”

U.S. District Judge J. Campbell Barker of the Eastern District of Texas ruled against the eviction moratorium in a declaratory judgment on Feb. 25.

“Although the COVID-19 pandemic persists, so does the Constitution,” Barker wrote in a case known as Terkel v. CDC.

The CDC order “exceeds the power granted to the federal government to ‘regulate Commerce … among the several States’ and to ‘make all Laws which shall be necessary and proper for carrying into Execution’ that power,” he wrote, citing provisions of the Constitution.

“The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach. This case puts down a marker. There are real, meaningful, limits to federal power under our Constitution. And pandemic or not, federal courts have a ‘virtually unflagging obligation’ to impose those limits in cases brought before them,” said Texas Public Policy Foundation general counsel Robert Henneke, citing the decision.

The CDC has argued that the eviction ban was needed to curb the spread of the CCP virus, which causes the disease COVID-19, although tenants could invoke the ban whether they suffered from virus-related hardships or not.

Congress enacted a nationwide moratorium on evictions that expired July 24, 2020. Weeks later, then-President Donald Trump directed his administration to consider whether such a measure should be part of efforts to combat the spread of COVID-19 moving forward. In response, the CDC ordered a moratorium on some, but not all, evictions. That moratorium differed from the one Congress enacted. It has been extended repeatedly.

The Biden administration supports the ban. Its current termination date is June 30.

“The COVID-19 pandemic has presented a historic threat to the nation’s public health. Keeping people in their homes and out of crowded or congregate settings—like homeless shelters—by preventing evictions is a key step in helping to stop the spread of COVID-19,” CDC Director Dr. Rochelle P. Walensky said, according to CNN.

A federal judge in Ohio struck down the CDC moratorium on March 10, finding it exceeded the agency’s authority.

The ruling came in the case known as Skyworks Ltd. v. CDC.

Attorney Luke Wake of the Pacific Legal Foundation, who represented a group of landlords in the lawsuit, said at the time that he was pleased with the court’s decision.

“This vindicates the rights of landlords, but it also speaks to what we’ve been saying all along—that CDC had no authority to do this,” Wake told The Epoch Times.

Affiliate News Feeds

  • Reuters
  • Washington Examiner
  • The Federalist
  • The Epoch Times
  • The Guardian
  • The Gateway Pundit
  • Judicial Watch

By Naveen Athrappully NASA announced on Tuesday that it intends to cancel the development of its GeoCarb mission, which was proposed to be a low-cost satellite aimed at monitoring greenhouse gas… [...]

By Bryan Jung The rate of job cuts in the United States soared 127 percent in November, amid a wave of layoffs in the tech industry. The American employers announced 76,835 cuts… [...]

By Jennifer Margulis and Joe Wang What medicine should you take? How should you treat any given illness? What preventative measures are most effective for you? Which vaccines do you need? These… [...]

A former professor at the University of California San Diego said she gave all of her students "A" grades and no homework in a recently unearthed video. [...]

A key Senate vote over whether to provide paid sick leave for rail workers is highlighting a divide within the GOP, a party that has increasingly tried to position itself… [...]

Transmission infrastructure will need to double or triple to accommodate the growth. [...]

Anyone still wearing a face mask to protect himself from Covid probably has no intention of ever shedding it now. [...]

Anyone who actually watched 'Wednesday' can see that the 'racism' accusations are ridiculous and performative. [...]

Chuck DeVore's historical fiction book 'Crisis of the House Never United: A Novel of Early America' demonstrates not only why procedure and patience matter, but also the genius of the… [...]

The head of the largest oil and natural gas trade association warned that failure to replenish the U.S. Strategic Petroleum Reserve (SPR) could trigger another oil crisis in the coming… [...]

This episode will premiere on Friday, Dec. 2 at 8 p.m. ET. In this episode of Kash’s Corner, we discuss the impending release of the Jan. 6 committee’s final report.… [...]

New York’s quest to replace the troubled Rikers Island jail complex with smaller facilities across the five boroughs could lead to either hazardous overcrowding or the release of dangerous detainees,… [...]

Health Security Agency issues rare alert over rise in cases, urging people to seek immediate medical help if they see symptomsQ&A: what are the symptoms and how can strep A… [...]

Exclusive: Labour says ministers have been told repeatedly that people with prepayment meters are not getting enough supportCase studies: ‘I can’t afford to heat my son’s room’Up to half a… [...]

Group G match at Stadium 974 kicks off at 7pm GMTCameroon v Brazil – follow live with Scott MurrayShare your thoughts with Will via email or on TwitterThe national anthems… [...]

Joe Biden’s gender fluid “pup handler” DOE employee Sam Brinton was charged with felony theft for stealing a woman’s luggage last month at MSP airport in Minnesota. According to Alpha… [...]

By Wayne Allyn Root Let me start with a disclaimer. I’m a Jew. Not just any Jew. Ancestery.com tested my DNA and reported I’m 99.9% Eastern European Jewish ancestry. That’s… [...]

The Department of Homeland Security has issued a National Terrorism Advisory System Bulletin in advance of the holidays. The United States remains in a heightened threat environment. Lone offenders and… [...]

From Fox News: The Secret Service will not say why they changed their position regarding a government watchdog’s records request into Hunter Biden’s gun investigation records. Government watchdog Judicial Watch… [...]

(Washington, DC) – Judicial Watch announced today that the United States Secret Service has repeatedly changed its position about whether it is in possession of records related to the investigation… [...]

The Biden administration is giving a nonprofit partially funded by leftwing billionaire George Soros’s Open Society Foundations (OSF) $12 million to strengthen labor rights and empower workers in three Latin… [...]

USNN2020

USNN World News (USNN) USNN World News Corporation is a media company consisting of a series of sites specializing in the collection, publication and distribution of public opinion information, local,...