Evicting The "Eviction Moratorium"
Federal Court Rules CDC’s COVID-19 Eviction Moratorium Is Unlawful
The 6th Circuit makes a curious and gratuitous comment that CONgress could pass Legislation to enact such a Moratorium. However, that would not get around the huge problem that CONgress, like the CDC, would be taking private property for a public purpose without Just Compensation. Although limits on government thievery and mischief under the guise of Eminent Domain have been seriously wounded by the "Courts" over the years, it is still part of the 5th Amendment to the US Constitution: "...nor shall private property be taken for public use, without just compensation."
Normally, Courts avoid making comments, or "dicta", that is not necessary to the Court's decision. In the Moratorium case, there was no reason to speculate or comment on what CONgress could or could not do--only that the CDC was not legally permitted to create a Moratorium with the force of law.