New eviction adjournments should not be blocked, Justice Department lawyers tell a court filing on Friday.
After two federal courts ruled the nationwide evictions illegal, and the Supreme Court indicated that only Congress could extend the ban or create a new one, the pause expired, and there was no moratorium.
President Joe Biden and officials in his administration said they were constrained by the court’s rulings, but that suddenly changed on Tuesday, paving the way for two months in 80 percent of the United States.
Landlords and other real estate owners quickly asked a court to block the new eviction ban, arguing with U.S. District Judge Dabney Frederick that the executive branch was in excess of its authority.
“In essence and effect, CDC’s latest action is an extension of the same unlawful ban on evictions that is effective September 2020,” he said.
Lawyers for the Department of Justice (DOJ) said in their counter-filing Friday that the new stay is not uniform because it does not apply to the entire country.
Additionally, he said that circumstances have changed since the courts’ decision against the previous ban.
“The trajectory of the epidemic has changed dramatically as a result of the highly contagious delta variant,” he said.
Lawyers also noted that a recent Supreme Court ruling bypassed the former ban, even though Trump-nominated Justice Brett Kavanaugh said he believed the Centers for Disease Control and Prevention (CDC) exercised its authority. has ended.
“I agree with the District Court and applicants that the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium,” Kavanaugh, the swing vote, wrote in a consensus opinion.
“Since CDC plans to end the moratorium in only a few weeks on July 31, and because those few weeks would allow for additional and more orderly distributions of rental assistance funds appropriated by Congress, I would like to decline the application at this time. I vote for the District Court to lift the stay on its order,” he said.
The other four judges who voted to ban the ban did not interpret their votes, and neither did the four judges who voted to end the ban.
DOJ’s lawyers said, “Unless and until the Supreme Court rules, the decision of the DC Circuit Motion Panel, which struck down the plaintiff’s position, remains the law of the case, at least it governs.” factors as to whether an adverse decision should be withheld.” new filing.
If Frederick, a Trump nominee, disagrees, and rules against the new stay, he must stick to his decision so that defendants can appeal quickly to the U.S. Court of Appeals for the DC Circuit or the Supreme Court, attorneys said. Said.
That strategy was outlined by Biden, who told reporters on Thursday he was unsure whether the new ban is legal.
“I can’t guarantee you that the Court will not rule [that] We don’t have that right, but at least we will have the ability, if we have to appeal, to continue this for at least a month—I expect longer than that,” Biden said outside the White House. Said.
This News Originally From – The Epoch Times