Judge Slaps CDC: ‘Although COVID-19 Pandemic Persists, So Does the Constitution’

Started by Solar, February 26, 2021, 07:56:29 AM

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Solar

 :lol: :lol: :lol: :lol: :thumbsup:

The Centers for Disease Control attempted to exert unconstitutional jurisdiction and was slapped down by a Trump-appointed judge on Thursday. The judge's retort to the CDC: "Although the COVID-19 pandemic persists, so does the Constitution."

U.S. District Court Judge John Barker, a federal judge in Texas, ruled on behalf of a group of landlords and property managers who had argued that the CDC was exceeding its authority, the Hill reported.

In the legal case Lauren Terkel, et al. vs. Centers for Disease Control and Prevention, et. al. the issue at hand is whether the CDC could enforce an eviction moratorium against landlords.

"This lawsuit presents the question whether the federal government has authority to order property owners not to evict specified tenants," the case summary states. "Plaintiffs argue that this authority is not among the limited powers granted to the federal government in Article I of the Constitution, and thus the decision whether to enact an eviction moratorium rests with a given State. Disagreeing, the federal government argues that a na-tionwide eviction moratorium is within Article I's grant of federal authority to regulate commerce among the States."

The case focused explicity on the federal government's "police powers," and did not question that states could enforce their own moratoriums on evictions.

"This lawsuit does not question that the States may regulate residential evictions and foreclosures, as they have long done..." Judge Barker wrote. "But while '[t]he States have broad authority to enact leg-islation for the public good—what we have often called a 'po-lice power'—'[t]he Federal Government, by contrast, has no such authority[.]'"

https://trendingpolitics.com/judge-slaps-cdc-although-covid-19-pandemic-persists-so-does-the-constitution-knab/
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ldub23

Good to hear. The CDC has become  just another communist  organization.