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Source and Scope of Public Health Legal Powers

Alabama Association of Realtors, et al. v. Department of Health and Human Services, et al.

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Overview

Alabama Association of Realtors, et al. v. Department of Health and Human Services, et al. (Supreme Court of the United States, August 26, 2021): The U.S. Supreme Court blocked extension of CDC’s eviction moratorium, which was set to expire on October 3, 2021. The policy was first implemented in September 2020 to prevent homelessness and crowded living conditions that facilitate spread of COVID-19. Set to expire December 31, 2020, Congress extended it for one month, and then CDC extended it through July 31, 2021. On August 3, 2021, CDC issued a modified policy through October 3, 2021, applicable only in high-transmission areas. Realtor associations and landlords sued to block the extension; a district court did so, but stayed that relief pending appeal. The Supreme Court then granted plaintiffs’ emergency request to hear the case and ruled that CDC clearly exceeded its authority under the Public Health Service Act. Three dissenting Justices (Kagan, Sotomayor, Breyer) argued that it is far from clear that CDC lacks authority to issue the moratorium as the Act permits CDC to adopt significant measures like quarantines, which impose greater restrictions on personal rights and state powers than the moratorium does. Read the Opinions here.

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

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