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In strike against federal overreach, judge declares pandemic eviction moratorium unconstitutional

"The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement.

Updated: February 26, 2021 - 3:41pm

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A federal judge has declared the Centers for Disease Control and Prevention temporary eviction moratorium unconstitutional, according to the Texas Public Policy Foundation.

The moratorium prohibits property owners from ousting tenants meeting certain criteria who are unable to pay their rent.

"Today, the court held that the federal government cannot interfere with private property rights or citizen's access to the courts to exercise their rights under state law," Texas Public Policy Foundation's General Counsel Robert Henneke said in a statement. "The CDC attempted to use COVID-19 as an opportunity to grab power, and the court rightfully corrected this egregious overreach."

The Southeastern Legal Foundation, which collaborated with the TPPF in the legal challenge, said the ruling was a victory against government overreach.

"The court's order today holding the CDC's interference with private property rights under the veil of COVID-19 serves as notice to the Biden administration that the Constitution limits government power," SLF's general counsel Kimberly Hermann said. 

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