Appeals Court Revives Lawsuit Against CDC’s Eviction Moratorium

Published on August 8, 2024

A federal appeals court has revived a lawsuit against the U.S. Centers for Disease Control and Prevention’s (CDC) monthslong eviction moratorium, ruling that a lower court wrongly threw out the case. Property owners challenging the moratorium, initially portrayed as temporary but ultimately remaining in place for nearly a year, adequately argued that the CDC’s moratorium amounted to a physical seizure of their rental properties, the U.S. Court of Appeals for the Federal Circuit said on Aug. 7. A portion of the U.S. Constitution’s Fifth Amendment, known as the takings clause, states that “nor shall private property be taken for public use, without just compensation.”...