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Updated over 3 years ago on . Most recent reply

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Eric James
  • Investor
  • Malakoff, TX
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Supreme Court ruling on CDC moratorium

Eric James
  • Investor
  • Malakoff, TX
Posted

News media outlets are all reporting "Supreme Court declines to strike down the CDC moratorium." 

However, the National Association of Realtors has sent out an email stating that the court ruled that the CDC does not have the authority to institute the moratorium, but has let it stand until it's expiration at the end of July.  From what is being reported in media outlets this doesn't appear to be correct. Does anyone have info clarifying this?

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Joe Splitrock
  • Rental Property Investor
  • Sioux Falls, SD
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Joe Splitrock
  • Rental Property Investor
  • Sioux Falls, SD
ModeratorReplied
Originally posted by @Brian Shaw:

Justice Kavanaugh voted with the majority to allow the moratorium to stand, but he included an explanation. The news article said, "On the one hand, he said he agreed with the District Court that the CDC exceeded its statutory authority by issuing a nationwide moratorium. But, he said, because the CDC has said it will end the moratorium in a few weeks he would allow it to remain in place. He said the extra weeks will “allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds.” Kavanaugh made clear however, that if the government were to extend the moratorium past July 31, it would need “specific congressional authorization.” 

With this in mind it sounds like the end of July should bring the end of the moratorium.

 That was just Kavanaugh's concurring opinion and is not legally binding. I don't believe the court issued any majority opinion. Absent a majority opinion, this creates no legal precedent preventing the CDC from extending. It just implies that if the court were to hear a case on further extension that Kavanaugh would flip his vote. It is very disappointing. 

If Kavanaugh believed there was no legal standing for the CDC to issue the eviction moratorium, his vote should have been to end it. What is even more concerning is that Kavanaugh opened the door for congress to authorize an eviction moratorium. In other words the majority of the Supreme Court believes eviction moratoriums are not unconstitutional if congress approves it. 

  • Joe Splitrock
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