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Alabama Association of Realtors v. Department of Health and Human Services

Docket No.21A23
Op. BelowD.C. Cir.

Holding

The district court's judgment, which vacated as unlawful the Centers for Disease Control and Prevention's imposition of a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need, is enforceable and the stay of the judgment is vacated.

Judgment

The application to vacate stay is granted, 6-3 on Aug 26, 2021. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

Proceedings & orders timeline

Aug 20, 2021
Application (21A23) to vacate stay, submitted to The Chief Justice.
Aug 20, 2021
Response to application (21A23) requested by The Chief Justice, due Monday, August 23, 2021, by noon.
Aug 23, 2021
Response to application from respondents Department of Health and Human Services, et al. filed.
Aug 24, 2021
Reply of Alabama Association of Realtors, et al. filed.
Aug 26, 2021
Application (21A23) referred to the Court.
Aug 26, 2021
Application (21A23) to vacate stay presented to The Chief Justice and by him referred to the Court granted. Opinion per curiam. (Detached Opinion) Justice Breyer, with whom Justice Sotomayor and Justice Kagan join, dissenting. (Detached Opinion)

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