The DOJ says it will appeal after a Trump-appointed judge struck down a federal eviction moratorium
The Justice Department on Saturday said it would appeal a judge's ruling that struck down the Centers for Disease Control and Prevention's federal eviction moratorium.
On Thursday, US District Judge John Barker of the Eastern District of Texas said the creation of such a moratorium "criminalizes the use of state legal proceedings to vindicate property rights."
In a 21-page summary judgment, Barker, a Trump appointee, said the moratorium was unconstitutional. Giving the federal government such "broad authority" over state legal proceedings resembled a "prohibited federal police power," Barker wrote.
"Although the COVID-19 pandemic persists, so does the Constitution," he added.
DOJ prosecutors filed a notice on Saturday, saying they would appeal Barker's judgement to the US Court of Appeals for the fifth circuit.
https://www.yahoo.com/news/doj-says-appeal-trump-appointed-100621676.html