The Justice Department (DOJ) gave notice on Feb. 27 to a federal judge that it intends to appeal his ruling that found the federal government doesn’t have the authority to issue a nationwide eviction moratorium. “The Department of Justice respectfully disagrees with the February 25 decision of the district court in Terkel v. CDC that the CDC’s eviction moratorium exceeds Congress’ powers under the Commerce Clause and the Necessary and Proper Clause, and the Department has appealed that decision,” Brian Boynton, acting assistant attorney general for the DOJ’s Civil Division, said in a statement. U.S. District Judge John Barker from the Eastern District of Texas on Feb. 25 ruled (pdf) in favor of a group of property managers and landlords who challenged a Centers for Disease Control and Prevention (CDC) order that prevented them from temporarily evicting tenants for non-payment of rent during the CCP (Chinese Communist Party) virus pandemic. The CDC order in question was …
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