Does The President Have The Authority To Issue A Nationwide Ban On Evictions?
/As you may know, during the current pandemic, since the enactment of the so-called “CARES Act” in March 2020, there has been in effect, in various forms, a federal “moratorium” on evictions of rental tenants from their apartments. Thus some landlords have now gone well over a year without getting paid what they are owed, and with no access to any legal remedy.
The most recent version of the “moratorium” expired on July 31 (Saturday). This version had been promulgated by the CDC on its own authority, without specific authorization from Congress. On Sunday (August 1) the Democratic Congressional leadership called on President Biden to extend the moratorium. From The Hill, August 2:
Top House Democrats on Sunday called on the Biden administration to extend the eviction moratorium amid the coronavirus pandemic, hours after the ban expired, putting millions of Americans at risk of being forced out of their homes. “Action is needed, and it must come from the Administration. That is why House leadership is calling on the Administration to immediately extend the moratorium,” Speaker Nancy Pelosi (D-Calif.), Majority Leader Steny Hoyer (D-Md.), Majority Whip James Clyburn (D-S.C.) and Assistant Speaker Katherine Clark (D-Md.) wrote in a joint statement.
Wait a minute: They’re saying that Congress has passed no law specific to Covid-19 calling for this eviction moratorium, and yet the leaders of Congress are demanding that the President just enact it on his own authority? Is that how this is supposed to work?

