Lawyers for landlords ask federal court to block new eviction moratorium
https://www.wlwt.com/article/lawyers-landlords-ask-federal-court-to-block-new-eviction-moratorium/37226725
It was filed with Judge Dabney Friedrich, a Trump appointee who sits on the U.S. District Court for the District of Columbia.
Back in May, Friedrich held that the CDC had exceeded its authority in allowing the previous moratorium, but she agreed to put her ruling on hold pending appeal. An appeals court allowed the moratorium to remain in place, as did a divided 5-4 Supreme Court at the end of June.
Ultimately, five justices, with Chief Justice John Roberts and Justice Brett Kavanaugh siding with the liberals, denied a request to lift the stay.
But critically, Kavanaugh, serving as the swing vote, said he thought after the moratorium expired on July 31, "clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium."
Now the landlords are going back to the District Court arguing that the new moratorium is simply an extension of the last and should be blocked.
"Justice Kavanaugh's controlling opinion made clear that the CDC could not extend the moratorium beyond July 31 absent new legislation," Shumate said.