Evicting The "Eviction Moratorium"

I never thought the "Eviction Moratorium" was Constitutional. The pretext/rationale used by the Center for Disease Causation (CDC) was especially flimsy and galling, that allowing people to be evicted for nonpayment of rent, etc, would create a "public health hazard" and that somehow gave the CDC the ability to intervene. To savage the right to contract.

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.

TLC