ALABAMA ASSOCIATION OF REALTORS, ET AL. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., 594 U.S. 758

Summary

HOLDINGS: [1]-Realtor associations and rental property managers were virtually certain to succeed on the merits of their argument that the Centers for Disease Control and Prevention (CDC) had exceeded its authority in imposing a nationwide moratorium on evictions of tenants in response to the COVID-19 pandemic. Given the unambiguous statutory text and the sheer scope of the claimed authority, it strained credulity to believe that § 361(a) of the Public Health Service Act, 42 U.S.C.S. § 264(a), granted the CDC the sweeping authority to intrude into the state-law governed landlord-tenant relationship. If a federally imposed eviction moratorium was to continue, Congress had to specifically authorize it.