Federal judge rules eviction moratorium is unconstitutional

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A judge in Texas has ruled that the federal moratorium on evictions is unconstitutional

In October, a group of Texas landlords and property owners sued the US Centers for Disease Control and Prevention and the Department of Health and Human Services over the Eviction Moratorium Order that was issued by the Trump administration in September. The order, citing the fact that"COVID-19 presents a historic threat to public health," put a temporary halt on residential evictions.

"Read MoreBarker also wrote in his ruling that Congress also lacked the authority to grant the CDC the power to halt evictions nationwide, and noted that the moratorium threatened to encroach on landlords' rights under state law.The plaintiffs were represented by two conservative legal groups, the Texas Public Policy Foundation and Southeastern Legal Foundation, which hailed the decision as a win.

 

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It is unconstitutional indeed! We need restitution for the landlords who suffered big hit from the pandemic along with a big slap from the government(s)! Sue them! I won't even mention here the tenants who took full advantage of the situation... Live w friends/family! Vaccinate!

its a state issue not federal

Working men voting Republican is like chickens voting for Col. Sanders. Reagan was the first Republican pres that really got the working people of the USA to vote against their own self interests. They just keep voting based on what the GOP says never on what they do. Go MAGA ;(

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So is Trumps Handling the Covid 19 Virus b 500,000 dead my as well make, Rest of Americans rent unconstitutional so they can be made hopeless, they won't get their rentals dirty with Covid 19, maybe Supreme Court with its money might help donate a few hundred thousand for renters

The Landlords still have to pay taxes and mortgages. Why should these leeches get a free pass. And btw most of them are getting a lot of free money to stay home.

So if this is unconstitutional and landlords can kick people out, it must also be unconstitutional for mortgage companies to give people 12 months of not making payments and defer those payments to the end of the mortgage with no fees or interested on missed payments

That's only because this judge or anybody in his family has been put into this position. Most definitely a Republican judge! F---HIM

Let's see. Landlord's want to evict people and then pay their own rent. Ok..

For some reason residents don't understand that the property also has a mortgage they must pay.

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K

Look at who they elect to run the state. Why wouldn't a Texas judge rule against helping the working class. That is TEXAS.

TexASS... figures

...and got paid well to do so. Funny how it wasn't unconstitutional a year ago.

Simple republican bullshit in action. Texas you deserve ALL that you get and more.....

Hmm wonder how many of his rich friends bent his ear

How many properties does he have? Just asking for any bias on his judgement 🤷🏾‍♂️

I wish they would make laws switched no kids at birth unconstitutional & giving us dreams of our real families.

Cut his job. Let his federal Means run out. Face eviction and see what would you do!!!

Let them all move in with him

🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸

Can Texas vote to leave the union again? Please?

What a shame that our state keeps deciding to hurt the majority of Texans. Instead of supporting assistance for small business owners like landlords, they decided to make people homeless. Texas can't function during a disaster and now we are going to increase homelessness.

Strong support for Texas independence!

The human side of me cries 'FOUL!!' and thinks the moratorium should be enforced. However, reading the opinion of the court, my lawyer side doesn't disagree with the analysis. It is a State issue and should be handled by the individual States.

No shit! I guess the owner of the home is just supposed to let someone live for free or worse, lose their home bc they can't afford to pay the mortgage

Voting has consequences,wonder how much they love their rich Republicans now?!

Then all programs that are in place to help landlords should also be unconstitutional.

Figures it's Texas saying this.

Same judge must be on the board of the utilities down there. Reasoned reaction to the crippling effect of the virus has been good for vulnerable folks. Hopefully stimulus will give many some relief

when will the people of TX join the 21st Century?

Texas, you got 99 problems and this judge is one of them 🖕🏼

I have friends that this effects so I get it, but who pays the landlord's bills?

Maybe Ted Cruz can move everyone into his big house.

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So off with their heads. Let them eat cake. Gotta love Texas.

Evictions, like all things, are bigger in Texas

Texas and Arizona should secede from the Union and join Mexico.

Expect more of the same from the judges packing the courts during the former guy’s administration. This judge worked under TX AG Paxton, also under scrutiny. And to think Gov Abbott said likely to remove all Covid restrictions soon, we can expect more.

When Texas goes full Texas!!

It’s time to weed out these civil war holdout areas Mr President . We the people are tired of them. We are also tired of the word Trump. It’s time to take off the gloves Joe and get down and dirty. Look around we are going down the tubes and fast and it’s not because of Covid

Still cruel

Expects the CDC to follow its lead 😆

Is this JUSTICE or is it some well offs decreeing against those very financially challenged.

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Here’s the other side people. Those of us that are small time landlords. That means we have 2-3 rent houses invested that money to be support in retirement. We have to pay taxes and insurance mortgages. We lose everything including our own homes.

Why should landlords lose everything they have worked for because their tenants are lazy.

Of course a judge in Texas would be the one to rule this.

Texan laws are pretty inhuman.

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That judge obviously is a partisan hack who’s die-hard Trump/Republican.

Texans cant catch a break... Republicans are ripping that state apart... I guarantee this judge is republican.... texans need to turn it BLUE 💙🔵

Wonder if this judge owns rental properties and wants his money?

Obviously that should be a priority in the state while a humanitarian crisis is still going on

Always the GOP position, make money at all cost, people, GOP or TheDemocrats , are secondary, even during the pandemic.

Of course that GOP judge did...

He probably has a home

It's tragic, but to take apartments/houses from the landlords/owners and allow others to live for free is not a solution. I have a client. 80 yrs old, his daughter is paralyzed, 1 granddaughter felt and died. He has 3 aptmt's he rents out to live. Should we take those from him?

Who is this fucking monster? Really, there's a fucking hot place in hell for this judge, I promise you.

Send them to Mars. The inhuman Republicans!

Some of the evictees just got a $5000 electricity bill and froze to death while Ted Qruz flew to Cancun. Texas is MESSED UP. If Texas is an indication of what the Republican Party is like...count me OUT!

This judge is confused

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In the mid time Joe Biden is back in Siria. 🤣🤣🤣

Texans getting smacked left and right lately

CaroleMyers Oh let me guess a trump appointed judge...

ASSHOLE

McClain_on_NFL So what happens when the landlord cannot pay for the property and goes into default on the loan? Don’t the tenants get kicked out?

Fk TX.

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I don’t expect much from this state. They don’t even have a livable wage. 🙄

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Schools need to teach people how to budget, spend and save money. If you live within your means and save 3-6 months in an emergency fund, this won’t happen.

This just makes me want to move away from Texas. SMH.

I would thing these moratoriums amount to an unlawful taking of property without due process. Every government that imposes one should be sued.

Where are these people supposed to do? This is the fault of the greedy politicians with deregulation, power and money is all they cared about. Charge it to the power company and the state of Texas they can afford it.

Sounds right. It’s Texas.

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So Texas is just proving that they don’t care about the people 🤦‍♀️

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Why is it always a judge in Texas f****** everything up for everyone? 🤦

That's wild. I saw the guy cited Spanish Flu (1918) and Great Depression (1929-1933) policies as his justification 🤣🤡

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Someone please post that part of the Constitution that says you can not place a Moratorium on Evictions. I must have somehow missed that.

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This is the GOP continuing systematic racism because it will impact the undeserved community the hardest. TEXAS: GO VOTE to change the culture in your state.

many of these properties will be in foreclosure soon enough

😎👽

Trump judge.

If all business owners are greedy millionaires, shouldn’t all you complainers open a business and become greedy millionaires? I’m sure it’s easy, right?

Some Texas judges have been ignoring it & evicting people anyway. At some point right-wing sheriffs & judges decided they could pick & choose what they will enforce.

Texas, one of those shithole countries Donald Trump talked about.

Then all those who get evicted should camp out on the judge’s front lawn then

And their 10000 electric bills are 100% constitutional of course. Keep voting them in Texas! You deserve every crap thrown at you.

Man its fuck you no matter how far down you are in Texas.

Only in America, land of the free, poor, starving, in-prisoned, mass shot, food stamped and Billionaired

Incredible. 1st TX legislators with ERCOT,let down every Texan 4 choosing to self-regulate,not upgrade nor maintain aging/failing systems.People died. Today,TX court sent another big FU 2 constituents making an easy pathway toward increasing homelessness. TX needs a BLUEWAVE

There will be an appeal. Didn’t a TX lawmaker submit a bill for the state to leave the US?

~ a real peach.

Haha! Texas sucks! What do you want to bet this judge is a landlord?

Texas still drinking mud from snow melting

I. don't. think. so. Doesn't even pretend to be unbiased.

What is wrong with Texas. You don't have to compete with Florida. Your both idiots dragging everyone down. Yay for you.

Is KenPaxton involved with this ruling?

A trump judge? Nah

Didnt rule until Biden came to office

Although COVID-19 pandemic persists, so does the Constitution!!!!!!

I’m so over this federal judges and their millionaire attitude. Was he appointed by Trump and fast tracked thru by Moscow Mitch?

Govt should bail out the tenants or landlords as if they are too big to fail.

Florida: ain’t nobody as shitty as me Texas: ...hold my beer 😩😩

Imagine being a Dbag landlord that wants to evict people who are having the hardest times in their lives that you sue the CDC.

So the gov is going substantial effects on interstate commerce route? And preventing evictions is a necessary and proper means to regulate said commerce? Judge giving credence to intrastate property law

Government overreach.

HiraethResists This is the GQP way.

Good !!

Such a great, worthwhile system that thinks 'the name on a deed is more important than a person possibly dying' The constitution guarantees you and your landlord equal right to drain each other dry for shelter, no matter who needs it more Perfect equality

How un fair. The land lords should take the loss on the chin and live in the streets so people who refuse to work can live for free

Nononononononononononononononononono

The feds only have powers granted by the constitution. While it does give the federal some regulatory power over commerce. Where does it get power to void parts contracts because of a recession?

So you have a judge appointed by trump Siding with landlords in order to kick people out in the streets during a pandemic I guess that’s what “real trumplicans” do to their fellow American compatriots, sticking it to them under that disguise of what they called “Freedom”.

GOP pees on folks

Abolish landlords

WTF!!! Seriously!!!

I think we all socially ruled a long time ago that Texas can go fuck itself.

Texas judges are ignorant of the facts only want to win votes, not justice

Ahh..... The smell of America

What a surprise!

Typical republicon

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Why now and not before under tRump?

Make sure it gets a Republican label so Dems can strengthen the majority in the House and Senate. Republican, the party of evictions.

Why the H doesn’t Texas secede already? They seem to hate everything about 1) the United part of United States and 2) anyone who isn’t a white cowboy. Texas is EXHAUSTING.

We will be evicting the Judge in the early morning hours first!

In Texas it’s go big or go home! It must be true as big dick heads are there!

Anybody in Michigan complaining should move to Texas

It's about time! This went into effect March, 2020. Enough, already.

Trump appointed naturally.

Oh GOOD!!!! Maybe all the NEW HOMELESS, because of this absurd ruling, should go camp out in this judges front yard! It figures he's from Texas, & more than likely did not loose EC in that disaster! The rot of hubris stinks - just like homelessness!

Texas. Land of the 5 day 25K electric bill. Typical.

Of course it is. 101

Frankly, I agree to a certain degree. It seems heavy handed for federal government to dictate outcomes on contracts made between 2 separate legal entities. Insofar that if you are to breach contract on the part of one side...the other side must be made whole.

Won't the pro-life party that is the GOP step in and have a response to this - nah, who am I kidding... they couldn't give two shots and a fvck about this

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