Biden admin files response to emergency stay application challenging revised CDC tenant eviction moratorium

No. 21A23

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The Acting Solicitor General, on behalf of the Department of Health and Human Services, et al., respectfully submits this response in opposition to applicants’ emergency application to vacate the stay pending appeal entered by the United States District Court for the District of Columbia in this case.
To curb the spread of COVID-19, the Centers for Disease Control and Prevention (CDC) issued an order adopting a temporary moratorium on certain residential evictions in September 2020. Shortly thereafter, Congress extended the effective date specified in the CDC’s original order in legislation that recognized that the order was a valid exercise of the CDC’s statutory authority. The CDC itself then further extended the original moratorium until July 31, 2021, based on the evolving public health challenges posed by an unprecedented pandemic.

The order challenged here was issued on August 3, 2021, in response to “recent, unexpected developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant.” Temporary Halt in Residential Evictions in Communities with Substantial or High Levels of Community Transmission of COVID-19 to Prevent the Further Spread of COVID-19, 86 Fed. Reg. 43,244, 43,245 (Aug. 6, 2021) (August Order). The August Order is more targeted than the original order and its extensions, but rests on the same statutory authority to “make and enforce such regulations as in [the agency’s] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases * * * from one State or possession into any other State or possession.” 42 U.S.C. 264(a)…

Full Response below…

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