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ARTICLE · 11 MARCH 2021

Eastern District Of Texas Rules CDC's Eviction Moratorium Is Unconstitutional

Troutman Pepper Locke LLP
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An Eastern District of Texas ruling in Terkel v. Centers for Disease Control and Prevention, et al., determined the Centers for Disease Control and Prevention lacked the authority to impose a national moratorium against evictions because of the novel coronavirus.

United StatesConsumer Protection
Jabari Craddock
Jabari Craddock
Ethan Ostroff
Ethan Ostroff
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An Eastern District of Texas ruling in Terkel v. Centers for Disease Control and Prevention, et al., determined the Centers for Disease Control and Prevention (CDC) lacked the authority to impose a national moratorium against evictions because of the novel coronavirus (COVID-19).

In deciding the issue presented to the court - "[w]hether the federal government has authority to order property owners not to evict specified tenants." Id. at 1. Judge J. Campbell Barker concluded "[t]he CDC order exceeds the power granted to the federal government to 'regulate Commerce ... among the several States' and to 'make all Laws which shall be necessary and proper for carrying into Execution' that power." Id at 20. The court therefore held the CDC's order is unlawful as "contrary to constitutional ... power." Id. at 20. This ruling limits federal authority and Congress' use of the commerce clause to regulate matters the court deemed solely intrastate that have no impact

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