District Court Vacates CDC Order on Evictions As…

COLUMBIA, Ala.—A U.S. district court judge has vacated the Centers for Disease Control and Prevention's (CDC) Public Health Service Act order that halted residential evictions nationwide through June 30, determining the agency overstepped its authority.

The CDC issued the order last year and has extended it several times to help prevent the spread of COVID-19. Federal housing agencies have also extended their foreclosure and eviction moratoriums through June 30.

In the ruling, the D.C. District Court judge argued the CDC went "too far" in interpreting its authority to protect public health and the enumerated ways in which the secretary could achieve that purpose.

"[T]he Public Health Service Act authorizes the Department to combat the spread of disease through a range of measures, but these measures plainly do not encompass the nationwide eviction moratorium set forth in the CDC order," she wrote.

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