Today, the Texas Public Policy Foundation released a statement in response to the Supreme Court’s decision regarding the CDC eviction moratorium:
TPPF and Southeastern Legal Foundation are lead counsel in Terkel v. Centers for Disease Control, a constitutional challenge to the federal government’s eviction moratorium currently pending before the U.S. Court of Appeals for the Fifth Circuit and set for oral argument on October 6, 2021.
Robert Henneke, TPPF’s general counsel & Terkel lead counsel: “While the Supreme Court was correct to strike down the CDC’s eviction order, the underlying question of constitutionality must still be resolved. TPPF’s Terkel lawsuit on appeal at the Fifth Circuit Court of Appeals squarely challenges the federal government’s power to do this under the Commerce Clause, which the trial court held the government could not. TPPF’s case continues to resolve this important question of limits to the federal government’s power so that this disastrous eviction moratorium policy never happens again.”
Kimberly Hermann, Southeastern Legal Foundation’s general counsel & co-counsel: “The CDC is an arm of the government. In example after example, the CDC and the Biden administration have thrown aside the Constitution to grab unfettered power. The check on its power is in the courtroom. And the federal courts have been clear—the federal government lacks the constitutional authority to impose any moratorium on evictions. It is just flat-out unconstitutional.”
TPPF & SLF’s case is: Terkel, et. al. v. Centers for Disease Control; Cause No. 21-40137 (5th Cir.)