TBA Law Blog


Posted by: Stacey Shrader Joslin on Feb 26, 2021

A federal judge in Texas ruled yesterday that a nationwide moratorium on evictions put in place by the U.S. Centers for Disease Control and Prevention amid the COVID-19 pandemic is unconstitutional, The Hill reports. U.S. District Judge J. Campbell Barker broke with other courts nationally and handed a win to landlords who argued the moratorium exceeded the federal government's constitutional authority. Barker agreed saying that while states can restrict residential evictions and foreclosures, federal authority to regulate interstate commerce did not include the power to halt evictions. Legal observers predict the decision will be appealed. Conservative groups involved in the litigation hailed the decision.