Michael A. Maugans of Pathman Lewis Courtesy photo
A recent Texas federal court ruling declaring unconstitutional the Centers for Disease Control and Prevention's (CDC) residential eviction moratorium may be the opening salvo in a fight to determine the extent of federal power during a national health crisis. The ruling in Terkel v. Centers for Disease Control and Prevention could result in a wave of new case law on federalism, the commerce clause and the ability of Congress to delegate power during an historic crisis. Further, a similar case on appeal to the U.S. Court of Appeals for the Eleventh Circuit will be closely watched by Florida landlords.
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