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Source & Scope of Public Health Legal Powers

Skyworks, Ltd. et al. v. Centers for Disease Control and Prevention et al.

Overview

Skyworks, Ltd. et al. v. Centers for Disease Control and Prevention et al. (U.S. District Court, Northern District of Ohio, March 10, 2021): A federal district court found that the Centers for Disease Control and Prevention’s (CDC) eviction moratorium exceeded the agency’s statutory authority. Plaintiffs, landlords and property managers with tenants claiming protection under the moratorium, argued that moratorium exceeded the authority granted to the CDC by the federal Public Health Service Act. The court agreed, stating that the Act did not “authorize such boundless action . . . .” It also held that the Consolidated Appropriations Act of 2021, which provided a one-month extension to the CDC’s moratorium, did not authorize the agency’s action. While the court set aside CDC’s moratorium, it refused to permanently block it in lieu of monetary remedies. Read the decision here. Despite the court’s decision, CDC renewed the eviction moratorium on March 28, 2021 and extended it to June 30, 2021.

View all cases in the Judicial Trends in Public Health – April 15, 2021.

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