‘The Court’s Hands Are Tied’: Federal Judge Upholds New Eviction Moratorium

A federal judge ruled Friday that the Biden administration could continue to enforce its new eviction moratorium, but cast doubt on its legality.

District of Columbia District Court Judge Dabney Friedrich ruled Friday that the moratorium, which prohibits landlords from evicting low-income tenants who cannot afford their rent, could be enforced since a Supreme Court majority technically ruled it was constitutional. A Supreme Court majority had written that a previous version of the moratorium was legal, but that Congress would need to approve future moratoria.

“The Court’s hands are tied,” Friedrich wrote in her decision. “The Supreme Court did not issue a controlling opinion in this case, and circuit precedent provides that the votes of dissenting Justices may not be combined with that of a concurring Justice to create binding law.”

Justice Brett Kavanaugh, writing for a 5-4 majority, said in June that the eviction moratorium could stay in place. While he hinted the federal government couldn’t extend it by dictate, Friedrich said it was unclear which justices on the court agreed with his view and therefore she was unable to strike the moratorium down.