CDC’s Unlawful, Unconstitutional Moratorium on Evictions

A beautiful aspect of American democracy is the separation of powers. The different branches of government are assigned specific functions, and are limited to the exercise of certain, specifically outlined powers.

For example, Congress, which is directly accountable to the people, is charged with legislating on a national level. Executive agencies, which are not directly accountable to the people, may exert only a limited amount of policymaking authority delegated to them by Congress.

The Centers for Disease Control and Prevention doesn’t appear to have gotten that memo.

Earlier this month, the CDC issued an order halting residential evictions for nonpayment of rent, “to prevent the further spread of COVID-19.” The order bars, in most cases, residential landlords throughout the United States from evicting tenants for nonpayment of rent until Dec. 31.