Supreme Court ends CDC's pandemic eviction moratorium with no hearings, over liberal dissent

The U.S. Supreme Court's conservative majority late Thursday allowed eviction proceedings to resume for as many as 3.5 million people, blocking a Biden administration ban on evictions in areas hard-hit by COVID-19. The court majority, in an unsigned option, said the Centers for Disease Control and Prevention had exceeded its authority in issuing the temporary moratorium, and "if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it."
The Supreme Court was ruling on whether the moratorium remained in effect while lower courts considered the challenge from landlords represented by the Georgia and Alabama chapters of the National Association of Realtors. But since the CDC's latest moratorium, issued Aug. 3, only lasted until Oct. 3, the court effectively quashed it. This was the Biden administration's second loss this week before the Supreme Court's "shadow docket" of unsigned, short "emergency" rulings issued with little briefing, no oral arguments, and frequently significant policy outcomes.
Justice Stephen Breyer alluded to that in a dissent joined by the court's other two liberals. "Applicants raise contested legal questions about an important federal statute on which the lower courts are split and on which this court has never actually spoken," he wrote. "These questions call for considered decision making, informed by full briefing and argument. Their answers impact the health of millions." The "public interest," Breyer added, "strongly favors respecting the CDC's judgment at this moment, when over 90 percent of counties are experiencing high transmission rates."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Supreme Court had suggested this outcome in June when five justices temporarily allowed the moratorium to continue through the end of July. At the time, Justice Brett Kavanaugh said Congress would have to re-authorize the moratorium for it to continue.
Still, this is Biden's second "shadow docket" loss before a Supreme Court that granted emergency relief to former President Donald Trump 28 of the 41 times his administration requested it, with "the justices increasingly using these emergency procedural orders to quietly but profoundly affect substantive policy," University of Texas law professor Steve Vladeck writes in The Washington Post. "Without providing more than one sentence of explanation" in their "shadow docket" rulings, it's hard to know "whether the court was showing special solicitude to the federal government in general, or to Trump specifically."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The week's best photos
In Pictures A sea of kites, a game of sand hockey, and more
By Anahi Valenzuela, The Week US
-
G20: Viola Davis stars in 'ludicrous' but fun action thriller
The Week Recommends The award-winning actress plays the 'swashbuckling American president' in this newly released Prime Video film
By The Week UK
-
The Masters: Rory McIlroy finally banishes his demons
In the Spotlight McIlroy's grand slam triumph will go down as 'one of the greatest and most courageous victories in the history of golf'
By The Week UK
-
Markets notch worst quarter in years as new tariffs loom
Speed Read The S&P 500 is on track for its worst month since 2022 as investors brace for Trump's tariffs
By Peter Weber, The Week US
-
Tesla Cybertrucks recalled over dislodging panels
Speed Read Almost every Cybertruck in the US has been recalled over a stainless steel panel that could fall off
By Justin Klawans, The Week US
-
Crafting emporium Joann is going out of business
Speed Read The 82-year-old fabric and crafts store will be closing all 800 of its stores
By Peter Weber, The Week US
-
Trump's China tariffs start after Canada, Mexico pauses
Speed Read The president paused his tariffs on America's closest neighbors after speaking to their leaders, but his import tax on Chinese goods has taken effect
By Peter Weber, The Week US
-
Chinese AI chatbot's rise slams US tech stocks
Speed Read The sudden popularity of a new AI chatbot from Chinese startup DeepSeek has sent U.S. tech stocks tumbling
By Peter Weber, The Week US
-
Foreigners in Spain facing a 100% tax on homes as the country battles a housing crisis
Under the Radar The goal is to provide 'more housing, better regulation and greater aid,' said Spain's prime minister
By Justin Klawans, The Week US
-
US port strike averted with tentative labor deal
Speed Read The strike could have shut down major ports from Texas to Maine
By Peter Weber, The Week US
-
Biden expected to block Japanese bid for US Steel
Speed Read The president is blocking the $14 billion acquisition of U.S. Steel by Japan's Nippon Steel, citing national security concerns
By Peter Weber, The Week US