The CDC argued that evictions could promote COVID-19 transmission by forcing people to move into "Congregate or shared living setting(s)." It said its moratorium therefore was authorized by a 1944 law that allows regulations deemed "Necessary" to prevent the interstate spread of "Communicable diseases."
"It is hard to see what measures this interpretation would place outside the CDC's reach, and the Government has identified no limit," it noted, "Beyond the requirement that the CDC deem a measure 'necessary.'".
The justices said it "Strains credulity" to assert that Congress gave the CDC that "Breathtaking amount of authority." They said the statute's list of specific disease control measures "Informs the grant of authority by illustrating the kinds of measures that could be necessary: inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of contaminated animals and articles."
"CDC's claimed authority" would "Counsel against the Government's interpretation," since "We expect Congress to speak clearly" when it means to authorize powers of "Vast 'economic and political significance.'" Notably, no one seems to have noticed the sweeping powers that the CDC claimed to discover last fall until 76 years after the law was enacted.
The Department of Education cited a different, more recent law on Monday, when it announced investigations of five states that have defied the CDC's advice by forbidding mask mandates in public schools.
Since the CDC has decided that mask mandates are appropriate, he seems to think every public school in the United States is obligated to impose them.
The Biden administration seems determined to anoint the CDC's director as the nation's COVID-19 dictator, no matter what the law says.
Wednesday, September 1, 2021
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
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