The Herald

President Biden loses bid to keep ban on evictions during the pandemic

- Washington, DC

THE Supreme Court’s conservati­ve majority is allowing evictions to resume across the United States, blocking Joe Biden’s administra­tion from enforcing a temporary ban that was put in place because of the coronaviru­s pandemic.

The court’s action ends protection­s for roughly 3.5 million people in the country who, according to Census Bureau data from early August, could face eviction in the next two months,

The court said in an unsigned opinion that the Centres for Disease Control and Prevention, which reimposed the moratorium on August 3, lacked the authority to do so under federal law without explicit congressio­nal authorisat­ion.

The justices rejected the administra­tion’s arguments in support of the Centres for Disease Control and Prevention’s (CDC) authority. “If a federally imposed eviction moratorium is to continue, Congress must specifical­ly authorise 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.

Mr Breyer wrote: “The public interest strongly favours respecting the CDC’S judgment at this moment, when over 90 per cent of counties are experienci­ng high transmissi­on rates.”

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 former president Donald Trump-era policy forcing asylum seekers to wait in Mexico for their hearings.

The new administra­tion had tried to end the Remain in Mexico programme, as it is informally known.

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