LogFAQs > #957489390

Yesmar_ posted...

Honestly, I've always been a little confused as to why the eviction moratorium is coming out of the CDC. I'm not opposed to it, but why isn't it coming from something like HUD? How is this under the CDC's authority?

The Administration's/HHS/CDC's argument is largely rooted in a 1944 law (the Public Health Service Act) which authorizes the CDC to make and enforce regulations to "prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession."

Among the problems the justification runs into is that the examples it cites as actions that can be taken largely deal with infected animals or "articles" and talks about inspection, fumigation, pest extermination, etc. It does have the standard "and other measures, as in his judgment may be necessary" (The original law had this under the authority of the Surgeon General, it was later given to the CDC that's why it says "his judgment.")

I agree it is not the best justification to lay the eviction moratorium on but that's because Congress won't do anything more direct on its own (the Senate would kill it if it ever tried) but that's the chief thrust of the argument - that the CDC is granted the power to make and enforce regulations to try and prevent interstate spread of disease.

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