Is the CDC’s Eviction Moratorium a Third Amendment Violation?
Defenders of the often-overlooked Third Amendment to the U.S. Constitution are springing into action to defeat what is arguably the biggest threat to their cause in decades: the federal government’s eviction moratorium.
Last week, the Centers for Disease Control and Prevention (CDC) issued a ban on evicting non-paying tenants living in counties with a substantial number of COVID-19 cases provided that those tenants sign financial hardship declarations.
In response, the Alabama Association of Realtors and the Georgia Association of Realtors—who already sued over the previous, nearly identical CDC eviction ban that expired on July 31—filed an emergency petition last week in the U.S. District Court for the District of Columbia asking that the new moratorium be set aside.
Rallying to the side of the realtors was the normally idle Third Amendment Lawyers Association (ÞALA), which filed an amicus brief in the case on Friday.
“Ordinarily, the eviction process would play out in the courts. The CDC eviction moratorium prevents this,” wrote the ÞALA. “Plaintiffs are being forced to house individuals, i.e. quarter them, without their consent. Given the size of the population at issue, some of these tenants are bound to be soldiers.”
That, the group argues, violates the Third
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