The 6-3 Conservative majority Supreme Court blocked President Biden’s evictions moratorium and will allow evictions to continue.
The court’s action late Thursday ends protections for roughly 3.5 million people in the United States who said they faced eviction in the next two months, according to Census Bureau data from early August.
The court said in an unsigned opinion that the Centers for Disease Control and Prevention, which reimposed the moratorium Aug. 3, lacked the authority to do so under federal law without explicit congressional authorization. The justices rejected the administration’s arguments in support of the CDC’s authority.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court wrote.
The three liberal justices dissented. Justice Stephen Breyer, writing for the three, pointed to the increase in COVID-19 caused by the delta variant as one of the reasons the court should have left the moratorium in place. “The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates,” Breyer wrote.
It was the second loss for the administration this week at the hands of the high court’s conservative majority. On Tuesday, the court effectively allowed the reinstatement of a Trump-era policy forcing asylum seekers to wait in Mexico for their hearings. The new administration had tried to end the Remain in Mexico program, as it is informally known.