U.S. Supreme Court throws out CDC's eviction moratorium, stating it was unlawful

Last week, the U.S. Supreme Court issued an Order throwing out the CDC’s latest eviction moratorium. In a 6-3 ruling, the majority of justices agreed, if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The Order continues, “And Congress was on notice that a further extension would almost surely require new legislation, yet it failed to act in the several weeks leading up to the moratorium’s expiration.”

The Order explains, while the public has a strong interest in combating the spread of COVID-19 Delta variant, our system does not permit the CDC to act unlawfully even in pursuit of desirable ends.

Justice Breyer wrote a dissenting opinion, stating the CDC acted in accordance with its powers under §361(a) of the Public Health Service Act, which grants the CDC authority to design measures that, in the agency’s judgment, are essential to contain disease outbreaks. Justice Sotomayor and Justice Kagan joined the dissent.