Federal District Court Declared CDC Eviction Order Unconstitutional
Updated: May 20
SLF & TPPF prevail in constitutional challenge to Biden COVID Order
TYLER, TX (Feb. 25, 2021): Today, the U.S. District Court for the Eastern District of Texas entered a final judgment declaring the Center for Disease Control and Prevention’s eviction moratorium order unconstitutional. The decision is the first of what will ultimately be many decisions by the federal courts rolling back the executive and regulatory overreach of the administrative state.
“The court’s order today holding the CDC’s interference with private property rights under the veil of COVID-19 serves as notice to the Biden administration that the Constitution limits government power,” said SLF General Counsel Kimberly Hermann. “The federal courts will continue to be a primary bulwark against unconstitutional overreach by federal and state governments. As our record shows, we have fought and won cases just like this for decades, and the current administration has shown no restraint. We are preparing cases across the constitutional spectrum to defend against unrestrained government action.”
The federal court’s decision sets critical precedent: eviction moratoriums imposed by the federal government are unconstitutional. This means that even Congress cannot come in behind this decision and legislate. It's just flat unconstitutional.
Southeastern Legal Foundation and Texas Public Policy Foundation jointly represented a coalition of residential landlord and property managers.
You can read more about the lawsuit here.