In a 6-3 ruling, the Supreme Court has granted the application to vacate the stay in enforcing the lower court’s order terminating the CDC’s eviction moratorium. (Alabama Assn. of Realtors v. Department of Health and Human Servs.)
In a per curium order the Court states:
It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 582, 585–586 (1952) (concluding that even the Government’s belief that its action “was necessary to avert a national catastrophe” could not overcome a lack of congressional authorization). It is up to Congress, not the CDC, to decide whether the public interest merits further action here.
If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted.
The three dissenters were Breyer, Sotomayor, and Kagan.