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August 26, 2021judicialeviction moratoriumCOVID 19housingCDC authorityjudicial

Supreme Court blocks Biden CDC eviction moratorium 6-3 leaves 7 million households at risk

The Supreme Court votes 6-3 to block the Biden administration's extension of a COVID-19 eviction moratorium, rejecting the CDC's authority to issue such sweeping housing protections under public health law. The Biden CDC had extended the moratorium in August 2021 for areas with high COVID transmission after Congress failed to extend it. Biden had acknowledged at the time that legal experts had told him the extension was likely unconstitutional, but had extended it anyway to buy time for states to distribute $47 billion in emergency rental assistance. The ruling exposes an estimated 7 million renter households to possible eviction. Justice Kavanaugh, who provided the deciding vote, writes that any further extension would require "clear congressional authorization."