Yesterday, we reported that the Supreme Court had ruled that the CDC overstepped it’s authority when it instituted an ‘eviction moratorium’ during the COVID-19 pandemic.
The Supreme Court clearly stated that the moratorium would only be allowed to continue until the end of its current term, July 31, 2021.
Fox News stated about the ruling…
Justice Brett Kavanaugh wrote in a concurring opinion that he agrees that the CDC exceeded their power with the moratorium, and made clear that he was only allowing it to continue because it was about to end. Had Kavanaugh voted the other way, it would have been a 5-4 ruling to vacate the stay and Judge Friedrich’s ruling against the moratorium would have taken effect.
Now, despite that ruling, the CDC has reinstated the ‘eviction moratorium’ until October 3rd. Once again under the pretext of ‘COVID’.
The new order covers ‘areas of high transmission’ of COVID. This covers a reported 90% of the country.
This comes after members of Congress urged the CDC to extend the order despite a ruling from Brett Kavanaugh that it would take actual legislation to have a legitimate ‘eviction’ moratorium.
The CDC claims that these powers come from ‘Section 361’ of the Public Health Service Act. Heritage.org reports…
The CDC claims that Section 361 of the Public Health Service Act and its implementing regulation grant it this sweeping authority. The agency’s interpretation here is fundamentally flawed and stretches its power far beyond what the text permits
To stop the spread of a disease, the Public Health Service Act grants the CDC the power of “inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated … and other measures, as in [the Surgeon General’s] judgment may be necessary” for “purposes of carrying out and enforcing … regulations” that “in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases” into the United States or across state lines.
The law doesn’t mention a nationwide eviction ban, and the reference to “other measures” is no help. A basic canon of statutory construction—known as the “ejusdem generis” (Latin for “of the same kind”) rule—is that when a broad, vague term follows a list of specifics, that term must refer only to the same sort of things listed before it.
Along with the new announcement, the CDC announced stiff penalties for anybody who evicts somebody from their own property. Penalties include…
-Potential $100,000 fine and 1 year in jail if eviction doesn’t result in death
-Up to $250,000 fine and 1 year in jail if evicted person dies
The full order can be seen here…
This kind of BLATANT abuse cannot continue. Republican members of Congress should move NOW to strip the CDC of it’s tyrannical move.
Our government is becoming increasingly out of control. These tyrants are simply ignoring the rule of law to destroy the American people.
How long will We the People allow it to continue?
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