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Judge doubts eviction ban, but may lack power to stop it
Source: Associated Press
Judge doubts eviction ban, but may lack power to stop it
By MARK SHERMAN
August 9, 2021
WASHINGTON (AP) — A federal judge who declared the earlier nationwide moratorium on evictions illegal was deeply skeptical Monday of the Biden administration’s new order, but said she may lack the power to do anything about it.
U.S. District Judge Dabney Friedrich promised a decision soon in an effort by Alabama landlords to block the moratorium imposed last week by the Centers for Disease Control and Prevention, which it said was based on the spread of COVID-19′s delta variant.
Friedrich suggested the administration was engaged in legal “gamesmanship” to buy time for the distribution of $45 billion in rental assistance money. But, citing a ruling by the appellate court above her, she also asked a lawyer for the landlords, “Why are my hands not tied?”
Friedrich, who was appointed by former President Donald Trump, ruled in May that the CDC lacked authority under federal law to order a pause on evictions. But she put her ruling on hold while the case was appealed, allowing the moratorium to remain in place through the end of July.
-snip-
By MARK SHERMAN
August 9, 2021
WASHINGTON (AP) — A federal judge who declared the earlier nationwide moratorium on evictions illegal was deeply skeptical Monday of the Biden administration’s new order, but said she may lack the power to do anything about it.
U.S. District Judge Dabney Friedrich promised a decision soon in an effort by Alabama landlords to block the moratorium imposed last week by the Centers for Disease Control and Prevention, which it said was based on the spread of COVID-19′s delta variant.
Friedrich suggested the administration was engaged in legal “gamesmanship” to buy time for the distribution of $45 billion in rental assistance money. But, citing a ruling by the appellate court above her, she also asked a lawyer for the landlords, “Why are my hands not tied?”
Friedrich, who was appointed by former President Donald Trump, ruled in May that the CDC lacked authority under federal law to order a pause on evictions. But she put her ruling on hold while the case was appealed, allowing the moratorium to remain in place through the end of July.
-snip-
Read more: https://apnews.com/article/joe-biden-health-coronavirus-pandemic-b3bc15b1a19e328deba15b55e2569656
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