Wed, 14 Apr 2021

Texas eviction ruling to be appealed by White House

Robert Besser
04 Mar 2021, 03:20 GMT+10

WASHINGTON D.C.: The U.S. Justice Department has announced it will appeal a court ruling that the federal prohibition on evictions during the ongoing pandemic is unconstitutional.

A Thursday ruling by a federal judge in Texas said that Congress had no authority under the Constitution to issue a moratorium on evictions.

The moratorium had prohibited most residential evictions.

In a written statement, Acting Assistant Attorney General Brian Boynton said the moratorium "protects many renters who cannot make their monthly payments due to job loss or health care expenses."

Siding with a group of landlords and property owners challenging the evictions freeze, U.S. District Judge J. Campbell Barker ruled that Congress exceeded its authority under two provisions of the Constitution.

Boynton claimed that the judge's ruling only applies to the property owners who sued in that particular case, implying that the government's position is that the moratorium remains in effect.

The moratorium was authorized by President Donald Trump in September and extended on Jan. 21 by new President Joe Biden.

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