Is the CDC's eviction moratorium unconstitutional?

WASHINGTON, D.C. – The impact of judicial nominees can be traced back to the founding of this nation. Today that impact was felt in a painful way when Texas federal judge John Barker ruled that the current CDC moratorium exceeded the authority of the constitution. While the ruling did not issue an injunction, leaving the protections of the moratorium still in place, the decision and its effects are very troubling. The Centers for Disease Control (CDC) issued order 361 of the public health act to temporarily halt evictions back on September 4, 2020. This guidance shielded some tenants from eviction due to the current coronavirus pandemic. This order was also issued to help prevent spread of the coronavirus.

The state of Texas, which ranks at the top in carrying out evictions, is helping perpetuate homelessness. The state is living up to their slogan “everything is bigger in Texas”. According to the Eviction Lab, there have been 2,668 evictions carried out in the United States just in the last seven days. The state of Texas ranks at the top when it comes to executing evictions. Since March of last year, cities in Texas evicted people at an alarming rate. Austin executed 877 evictions, Fort Worth 12,353 evictions, and Houston executed 24,355 evictions. Bigger does not always equate to better.

The National Coalition for the Homeless supports adhering to eviction moratoria, and preventing housing displacement due to the pandemic economic downturn. As the top public health agency of the federal government, the CDC issued an order meant to protect the health and safety of everyone. By allowing evictions to proceed, city and state governments are ignoring the purpose of the CDC's moratorium and guidance on quarantine and social distance. Housing is a human right. It says so in our declaration of independence; life, liberty and the pursuit of happiness. Public servants including the executive, legislative, and judicial branches of government are supposed to execute that, not evictions.

Take Action:
Join the Disaster Housing Recovery Coalition (led by the National Low Income Housing Coalition) Monday, March 1 at 2:30pm EST, for a National Call on Coronavirus, Homelessness, and Housing. Join housing and homelessness advocates nationwide to hear more about the ruling and needed next steps to prevent tens of millions of people from losing their homes during the pandemic. Click here to register.

Learn more about the eviction moratorium