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Federal judge in Texas strikes down US Covid-19 eviction moratorium
Reuters ^ | 2-25-21 | Steve Gorman

Posted on 03/17/2021 2:15:28 PM PDT by magna carta

A federal judge in Texas on Thursday ruled unconstitutional a national moratorium the U.S. Centers for Disease Control and Prevention (CDC) has instituted for most residential evictions to help curb the spread of the coronavirus.

Siding with a group of landlords and property owners challenging the evictions freeze, U.S. District Judge J. Campbell Barker in Tyler, Texas, ruled the CDC exceeded its authority under the interstate commerce clause of the U.S. Constitution.

“The court concludes that the federal government’s Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium,” Barker wrote.

The judge, appointed to the bench in 2019 by then-President Donald Trump, added: “Although the COVID-19 pandemic persists, so does the Constitution.”

(Excerpt) Read more at reuters.com ...


TOPICS: Politics
KEYWORDS: cdc; eviction; federaljudge; housing; rent; texas
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1 posted on 03/17/2021 2:15:28 PM PDT by magna carta
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To: magna carta

It was outrageous for the CDC to wade into this issue in the first place. It’s even more outrageous that it was done under a Republican president. The loonies are running the asylum.


2 posted on 03/17/2021 2:17:05 PM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: magna carta

Note this decision is coming out of Rep. Louie Gohmert’s district. THANK GOD....further on in the article it is mentioned that other fed courts had thrown private property rights to the wolves-(dismissed such suits)


3 posted on 03/17/2021 2:18:13 PM PDT by magna carta (TX all you have to do is send an email to principal with a witness included on the communication.)
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To: magna carta

“a national moratorium the U.S. Centers for Disease Control and Prevention (CDC) has instituted”

And how is that happening? They don’t have the authority.


4 posted on 03/17/2021 2:23:02 PM PDT by dljordan (Slouching towards Woketopia)
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To: magna carta

Pay up, or Git!


5 posted on 03/17/2021 2:24:43 PM PDT by lee martell
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To: dljordan

agreed...judge also says his order does not apply to local jurisdictions and their programs for tenants.
Hoping Texas gets out of the free rent business because many landlords will just bypass renting altogether-it creates a very unstable environment for real estate.


6 posted on 03/17/2021 2:28:23 PM PDT by magna carta (TX all you have to do is send an email to principal with a witness included on the communication.)
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To: lee martell

It isn’t like they don’t have that government stimulus money, is it? And now, even the illegals get it under Joe Xiden’s puppet regime.


7 posted on 03/17/2021 2:29:03 PM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: magna carta

Liberals have a mental block when it comes to a very basic premise, TINSTAAFL. There is no such thing as a free lunch. What happens if the landlords’ properties are foreclosed on because of defaulting on mortgage pmts or prop taxes, because they cannot collect rent? Even if under local laws the lease survives ownership transfer what happens to the tenants when their current leases expire? Or, if the tenants rent on a month to month basis?


8 posted on 03/17/2021 2:29:03 PM PDT by Impala64ssa (Virtue signalling is no virtue)
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To: magna carta
Did we elect this guy?


9 posted on 03/17/2021 2:29:44 PM PDT by Veggie Todd (Religion. It's like a History class. Without the facts. )
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To: Impala64ssa

yes we were in that situation in the same town that the ruling hailed from...but we had full access because we were remodelling so we got the bad tenant out.He was a month-to-month and the utlilities were in our name-many types of contracts out there not considered under the blanket COVID moratorium.
Many landlords now sleeping in their cars.


10 posted on 03/17/2021 2:35:25 PM PDT by magna carta (TX all you have to do is send an email to principal with a witness included on the communication.)
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To: magna carta

This should have been a lay-up. Who the hell at the CDC thinks they have the power to interfere in the tenant-renter relationship? Now, if the state wants to intervene, I imagine they have jurisdiction but it is ridiculous to think a federal agency should have this type of power.


11 posted on 03/17/2021 2:38:06 PM PDT by OrangeHoof (Chinese communism will look different once the masks come off.)
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To: magna carta

Essentially this would equate to taxation without representation on the landlords. CDC has no jurisdiction over property or monitory policy. The Wuhan Flu scamdimic has been a boondoggle of libtard policies that circumvent the constitutional and states rights. Time to lay the foot down and give them the boot.


12 posted on 03/17/2021 2:38:28 PM PDT by Slingwing
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To: Vigilanteman
#7: "It isn't like they don't have that government stimulus money, is it?"

Dey needs dat mony fo deh grills fo dee teef. Deys aint be payun rent---sheeeet, whach you talkin bout.

13 posted on 03/17/2021 2:40:37 PM PDT by Governor Dinwiddie
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To: Vigilanteman

Lots of jailed murderers will be getting that Stim check too. The Boston Bomber, Dylan Roof are but two examples.
I am hoping they don’t have access to the money while locked up. No one seems to know if they do or not.


14 posted on 03/17/2021 2:41:30 PM PDT by lee martell
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To: magna carta
The CDC order applies to individual renters who did not expect to earn more than $99,000 last year or $198,000 for joint tax return filers.

Wow! And they can't afford to pay rent?

15 posted on 03/17/2021 2:46:28 PM PDT by eastexsteve
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To: lee martell

I can verify that inmates are allowed access to any and all money, be it social security, pensions, trust funds, etc.

In RN school we did a rotation through a mental health prison. They were quick to inform us during our orientation that there were many that were incarcerated that had ample money. Some of the inmates had family sending them large sums of money every month.

The reasoning for telling us this, is that many of the inmates will try to pay large sums of money to the student nurses, staff and guards to bring in contraband items. They actually had a “Wall of Shame” for those staff members that were fired and escorted out of the facility to taking bribes and providing banned items.


16 posted on 03/17/2021 3:03:35 PM PDT by notpoliticallycorewrecked
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To: magna carta

If the govt exceeded it’s Constititional authority, then you can’t then say it’s up to the landlords to try collect from their delinquent tenants. It would seem it’s the states who failed to challenge that order and that enforced that illegal order who owe landlords a bunch of rent checks, with interest.


17 posted on 03/17/2021 3:07:03 PM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
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To: Slingwing

Hopefully the landlords get to court, get judgments, get the follow on garnishments and make it to the bank accounts before the “tenants” get wise their stimulus can get seized. Next up, the “laws” banning evictions.

Personal story. I had a tenant down on his luck, a good guy, who approached me and said we are having problems making ends meet. I said don’t worry, I am not going to throw you in the street, I can wait for things to turn around.

I was living with my lady friend in her place splitting her mortgage with her and the delayed rental was not going to push me. My girlfriend, a big time lib by the way, was extremely annoyed by my action. She could not believe what I had done. When he eventually got back to work he paid me back. When he moved out they left the property in better shape then when rented, even filled every nail hole he had hung things on. I moved back in, alone. A lib in my view is someone who would steal the pennies off a dead man in his coffin.


18 posted on 03/17/2021 3:09:33 PM PDT by Mouton (The enemy of the people is the media.)
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To: Slingwing

Hopefully the landlords get to court, get judgments, get the follow on garnishments and make it to the bank accounts before the “tenants” get wise their stimulus can get seized. Next up, the “laws” banning evictions.

Personal story. I had a tenant down on his luck, a good guy, who approached me and said we are having problems making ends meet. I said don’t worry, I am not going to throw you in the street, I can wait for things to turn around.

I was living with my lady friend in her place splitting her mortgage with her and the delayed rental was not going to push me. My girlfriend, a big time lib by the way, was extremely annoyed by my action. She could not believe what I had done. When he eventually got back to work he paid me back. When he moved out they left the property in better shape then when rented, even filled every nail hole he had hung things on. I moved back in, alone. A lib in my view is someone who would steal the pennies off a dead man in his coffin.


19 posted on 03/17/2021 3:10:57 PM PDT by Mouton (The enemy of the people is the media.)
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To: NohSpinZone

This is what happens when you put “experts” in charge of public policy ... Trump’s biggest mistake.


20 posted on 03/17/2021 3:14:12 PM PDT by glennaro ("Until it's safe" means "never" (Dennis Prager))
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