Supreme Court allows evictions to resume during pandemic
WASHINGTON • The Supreme Court’s conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic.
Roughly 3.5 million people in the United States said they faced eviction in the next two months, according to Census Bureau data from early August.
The court said in an unsigned opinion Thursday that the Centers for Disease Control and Prevention, which reimposed the moratorium Aug. 3, lacked the authority to do so under federal law without explicit congressional authorization. The justices rejected the administration’s arguments in support of the CDC’s authority.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court wrote.
The three liberal justices dissented. Justice Stephen Breyer, writing for the three, pointed to the increase in COVID-19 caused by the delta variant as one of the reasons the court should have left the moratorium in place.
“The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates,” Breyer wrote.
On evictions, President Joe Biden acknowledged the legal headwinds the new moratorium would likely encounter. But Biden said that even with doubts about what courts would do, it was worth a try because it would buy at least a few weeks of time for the distribution of more of the $46.5 billion in rental assistance Congress had approved.
The Treasury Department said Wednesday that the pace of distribution has increased and nearly a million households have been helped.





