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Cite as: 594 U. S. ____ (2021) 1

SUPREME COURT OF THE UNITED STATES

No. 21A23

ALABAMA ASSOCIATION OF REALTORS, ET AL. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL.

ON APPLICATION TO VACATE STAY

[August 26, 2021] PER CURIAM.

Plaintiffs obtained a judgment from the U. S. District Court for the District of Columbia vacating the CDC moratorium on the ground that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. The Supreme Court now vacates that stay reasoning that the original authority for the CDC to issue an eviction moratorium stemmed from The Coronavirus Aid, Relief, and Economic Security Act to alleviate burdens caused by the burgeoning COVID–19 pandemic. Pub. L. 116–136, 134 Stat. 281 of passed March 2020 imposing a 120 day eviction moratorium for properties that participated in federal assistance programs or were subject to federally backed loans. §4024, id., at 492–494.

Congress then extended the moratorium to January 2021 as part of the second COVID–19 relief Act. §502, 134 Stat. 2078–2079.  As that expired, the CDC  took matters into its own hands, extending its moratorium through March, then again through June, and ultimately through July. 86 Fed. Reg. 8020, 16731, 34010 without a supporting act of Congress.

Plaintiffs sued to enjoin the CDC’s unilateral extension of the moratorium in the U. S. District Court for the District of Columbia and won on summary judgment.  But the court stayed its order pending appeal,  reasoning that even though the Government had not shown a substantial likelihood of success, it did make a lesser showing of a “serious legal question on the merits.”

On appeal to the US Supreme Court, they declined to vacate the stay JUSTICE KAVANAUGH reasoning that because the CDC planned to end the moratorium in only a few weeks, and because that time would allow for additional and more orderly distribution of congressionally appropriated rental assistance funds, the balance of equities justified leaving the stay in place.  THOMAS, ALITO, GORSUCH, and BARRETT dissenting.

When the CDC again unilaterally extended the stay to October 3, 2021the Plaintiffs returned to the Federal District Court to vacate the stay, which it declined to do. 

That was appealed to the US Supreme Court which reasoned If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.   Further the balance of harms had shifted in that the government had additional months to distribute rental assistance and the harm to the Plaintiffs continued to increase.  Therefore the stay of the District Court’s order overturning the moratorium is vacated.