This appellate court is regularly ignoring the Supreme Court and standard court procedures.
Circuit’s handling of a case challenging the federal eviction moratorium—which was promulgated by the Centers for Disease Control and Prevention to limit the interstate spread of COVID-19 by protecting low-income individuals likely to be forced into homeless shelters and other congregate living settings—tells a similar story. In that case, the 5that took an extremely limited view of the federal government’s power under the commerce clause remained on the books.
Notably, the Supreme Court’sin a separate federal eviction moratorium case held that the CDC “exceeded” the authority it had been given by Congress, but it strongly suggested that Congress itself would have authority under the Constitution to impose a federal eviction moratorium—the exact opposite of the district court’s conclusion. “It would be one thing,” the court said, “if Congress had specifically authorized the action that the CDC has taken. But that has not happened.
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