Texas federal judge rules that national moratorium on evictions is unconstitutional
Judge John Barker, a Trump appointee, sided with landlords and property owners who sued to stop the moratorium.
A federal judge has ruled that the national moratorium on evictions instituted by the Centers for Disease Control and Prevention is unconstitutional.
U.S. District Judge John Barker did not issue an injunction; however, the Donald Trump appointee said he expected the CDC to respect his ruling.
The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium, Barker wrote in his ruling. It did not do so during the deadly Spanish Flu pandemic. Nor did it invoke such a power during the exigencies of the Great Depression. The federal government has not claimed such a power at any point during our Nations history until last year.
https://www.yahoo.com/news/texas-federal-judge-rules-national-151331830.html