Member-only story
A Legacy Of Bad Judging To Come
A Ruling In A Federal Eviction Moratorium Case Hints At Trump’s Destruction
The Trump era will be destructive for awhile. Hold on.
Take a recent ruling in an Ohio case where a bunch of landlords, property managers, and housing developers sued to invalidate the CDC Moratorium on evictions.
The federal moratorium on evictions was sort of enacted by Trump but not really. He couldn’t give two cents if anyone got evicted.
Yet, there was a CDC moratorium put in place in September 2020 and it has been extended several times now, the last two by President Biden’s CDC.
But in Ohio recently, a federal judge, J. Phillip Calabrese, ruled that the CDC Moratorium was not authorized by Congress. I don’t know much about Calabrese, and it doesn’t matter because his ruling makes no legal or factual sense.
The law he rules on is called The Public Health Services Act of 1944. It is federal law passed by Congress in 1944 which amended federal law dating back to 1789.
It is pretty clear that the law gives the CDC the authority to take actions to keep the public safe such as an eviction moratorium even though it does actually say “eviction moratorium.” It is also pretty clear that authority was provided by…