U.S. (ECWd) -
On June 29, 2021, the US Supreme Court issued an order limiting the CDC's authority to issue an eviction moratorium. See order from US Supreme Court concurring opinion issued by Justice Kavanaugh, making it very clear that any extension of the eviction moratorium falls within the authority and responsibility of the US Congress--not the CDC.
"I agree with the District Court and the applicants that the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium."
Senior White House advisor Gene Sperling, accompanied by Jen Psaki went on national TV yesterday and told the American Public that the eviction moratorium could not be extended by the CDC given the June 29, 2021, Supreme Court directive.
So, what the hell transpired in the last 24 hours--a flip/flop like no other or slick lawyering?
Today, the CDC issued the following 9-page eviction moratorium and the CDC did so without any additional Congressional Authorization.
It appears they are hanging their hat on the fact their new moratorium is not a "nationwide" moratorium but rather a moratorium "in counties with a heightened level of community transmission."
It appears the White House and the CDC are flaunting what the Supreme Court instructed, which was an eviction moratorium that falls within the authority and responsibility of the US Congress, not the CDC.
The question that is sure to get answered at some point is did the US Supreme Court signal a workaround in their ruling or did the CDC choose to flaunt what appears to be a clear order from the high court?