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 ...
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.
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)
“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.
Pay up, or Git!
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.
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.
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?
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.
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.
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.
Dey needs dat mony fo deh grills fo dee teef. Deys aint be payun rent---sheeeet, whach you talkin bout.
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.
Wow! And they can't afford to pay rent?
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.
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.
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.
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.
This is what happens when you put “experts” in charge of public policy ... Trump’s biggest mistake.
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