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Federal court unanimously rules the CDC's eviction moratorium is unlawful

The COVID-19 eviction moratorium is set to expire on July 31.

Published: July 23, 2021 3:28pm

Updated: July 23, 2021 4:41pm

The U.S. Sixth Circuit Court of Appeals unanimously ruled Friday the Centers for Disease Control and Prevention overstepped its authority and engaged in federal overreach by issuing an eviction moratorium during the pandemic.

The Cincinnati-based federal court agreed with a lower court ruling, which had called the moratorium on evictions unlawful, according to The Epoch Times.

"It is not our job as judges to make legislative rules that favor one side or another," Circuit Judge John Bush, who President Donald Trump appointed, said in the court's opinion. "But nor should it be the job of bureaucrats embedded in the executive branch. While landlords and tenants likely disagree on much, there is one thing both deserve: for their problems to be resolved by their elected representatives."

The CDC originally made the order in September 2020 to ban evictions for tenants that lost money due to the pandemic and was eventually upheld by Congress. The policy is set to expire on July 31.

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