Trump-Appointed Federal Judge Overturns Eviction Moratorium by CDC

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A federal judge has vacated a nationwide eviction moratorium put in place by the U.S. Centers for Disease Control and Prevention (CDC) to aid millions of renters who are struggling financially amid the coronavirus pandemic.

U.S. District Judge Dabney Friedrich, who was appointed by former President Donald Trump, ruled Wednesday that the CDC overstepped its authority by extending the moratorium.

The temporary hold on evictions was originally included in the Coronavirus Aid, Relief and Economic Security (CARES) Act, which was passed by Congress in March 2020 and signed into law by Trump. The CDC, under President Joe Biden's administration, sought to extend the moratorium to June 30.

"The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole. The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision," Friedrich wrote in her 20-page ruling.

She continued, "It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic. The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not."

Trump-Appointed Federal Judge Overturns Eviction Moratorium
Tenant rights activists hold a February 28 demonstration outside the New York City home of state Senator Brian Kavanagh to protest what they claim to be inadequate legislative relief for renters during the coronavirus pandemic... Andrew Lichtenstein/Corbis via Getty Images

On March 29, the CDC announced it would extend the eviction moratorium by 90 days. The agency's director, Dr. Rochelle Walensky, signed a declaration at the time that said evicting tenants could be "detrimental" to efforts to contain the coronavirus's spread.

"This 90-day extension will allow the assessment of natural changes to COVID-19 incidence, the influence of new variants, and the expansion of COVID-19 vaccine coverage to determine if there is a continued need for a national eviction moratorium," the CDC said.

The lawsuit was brought by a group of Realtors and property owners. In court, the plaintiffs said they're being buried under a financial burden, as some tenants haven't paid rent in a year. They also pointed to billions of dollars in federal aid allocated to help renters.

Newsweek reached out to the CDC for a response to Wednesday's ruling but did not hear back before publication.

This story was updated to include additional information about Judge Dabney Friedrich's ruling and the eviction moratorium.

About the writer

Alexandra Hutzler is currently a staff writer on Newsweek's politics team. Prior to joining Newsweek in summer 2018, she was a crime and politics reporter for The Riverdale Press in the Bronx. She graduated from Manhattan College in 2018.


Alexandra Hutzler is currently a staff writer on Newsweek's politics team. Prior to joining Newsweek in summer 2018, she was ... Read more