The Realtors intend to appeal the decision on Saturday.Friedrich stated in Friday's 13-page decision that she was supported by recent decisions from the Supreme Court, two federal appeals courts, and that they reinforced her belief that the CDC had overstepped its authority. This view she expressed first in a May ruling regarding the earlier moratorium. Monday's hearing saw Friedrich suggest that the Biden administration engaged in gamesmanship by extending the ban on Aug. 3, amid increasing political pressure from Democrats.Friedrich wrote that "It is certain that the Supreme Court's recent decision in the case strongly suggests the CDC is unlikely succeed on the merits."Friedrich stated that she was bound to maintain the ban by the D.C. Circuits order of June, which rejected the Realtors' earlier request to cancel the ban.These interrelated decisions cast doubt on the D.C. Circuits conclusion stating that the CDC is likely succeed on its merits. She added. This Court would lift the stay if the D.C. Circuits judgement is not made. The Court's hands are tied.Justice Brett Kavanaugh, the deciding vote in the Supreme Court's June 29 decision allowing an earlier ban to continue on a temporarily basis, stated in his concurring opinion that he believes the CDC lacked authority and that any future extensions would need congressional legislation.Kavanaugh's opinion and the four votes against the ban were interpreted by property owners as a signal that the high court would reject the new moratorium. Justice Department lawyers pointed out that the D.C. Circuit has previously ruled that concurring votes and dissenting votes can't be combined to create binding precedent.Following the Supreme Court's June ruling, President Joe Biden's top advisers publicly stated that they did not have the authority to extend the moratorium on evictions. Biden changed his mind after being pressured by liberal activists and lawmakers to change the policy.Friday's White House statement praised the ruling.Jen Psaki, White House press secretary, stated that the administration believes that the CDC's new moratorium is a legal use of its lawful authority to safeguard public health. Although we are happy that the district court has left the moratorium in effect, we know that there are likely to be further proceedings.Patrick Newton, spokesperson for Realtors, stated that the motion to end the ban was denied due to "technical and procedural grounds". However, the court agreed with its assessment that the CDC's case is unlikely to succeed on merits.Now, we plan to return to Washington in a short time. Newton stated that the Circuit Court will be followed by the Supreme Court, if necessary."
