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SCOTUS Votes 5-4 to Leave Eviction Ban in Place

4 conservative justice dissented
By Newser Editors and Wire Services
Posted Jun 29, 2021 7:09 PM CDT

(Newser) – The Supreme Court is leaving a pandemic-inspired nationwide ban on evictions in place, over the votes of four objecting conservative justices. The court on Tuesday rejected a plea by landlords to end the Centers for Disease Control and Prevention moratorium on evicting millions of tenants who aren't paying rent during the coronavirus pandemic. Last week, the Biden administration extended the moratorium by a month, until the end of July. It said then it did not expect another extension. US Judge Dabney Friedrich in Washington had struck down the moratorium as exceeding the CDC's authority, but put her ruling on hold. The high court voted 5-4 to keep the ban in place until the end of July, the AP reports.

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In a brief opinion, Justice Brett Kavanaugh said he agreed with Friedrich's ruling, but voted to leave the ban on evictions in place because it's due to end in a month and “because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds." The Treasury Department issued new guidance last week encouraging states and local governments to streamline distribution of the nearly $47 billion in available emergency rental assistance funding. Chief Justice John Roberts and the court's three liberal members also voted to keep the moratorium in place. Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas said they would have ended it.

(Read more evictions stories.)

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