Justice Department Issues Statement Announcing Decision to Appeal Alabama Association of Realtors v. HHS | OPA

Brian M. Boynton, Acting Assistant Attorney General for the Justice Department’s Civil Division, released the following statement:

“The CDC’s eviction moratorium — which Congress extended last December and the CDC later extended through June 30, 2021 — protects many renters who cannot make their monthly payments due to job loss or health care expenses. Scientific evidence shows that evictions exacerbate the spread of COVID-19, which has already killed more than half a million Americans, and the harm to the public that would result from unchecked evictions cannot be undone. 

“The Department of Justice respectfully disagrees with today’s decision of the district court in Alabama Association of Realtors v. HHS concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts.  

“The department has already filed a notice of appeal of the decision and intends to seek an emergency stay of the order pending appeal.” 

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