Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?

Stay Tuned for the Coming Ruling from the U.S. Court of Appeals for the Fifth Circuit

The Supreme Court of the United States effectively ruled on August 26, 2021 that the Centers for Disease Control and Prevention (CDC) had no legislative grant of authority from Congress to impose a moratorium on evictions of tenants living in counties with significant levels of COVID-19 transmission in the much-noted case of Alabama Association of Realtors v. Department of Health and Human Services.  But there remains pending in the U.S. Court of Appeals for the Fifth Circuit a “moratorium” case that has the potential to be a judicial earthquake because it does not turn on whether Congress actually authorized the CDC to issue the moratorium, but on whether Congress has any constitutional authority at all to create such authorization in the first place…. (Excerpts from JDSupra)