WASHINGTON – The Justice Department said Saturday it will appeal a judge’s ruling that found the federal government’s eviction moratorium was unconstitutional.
Prosecutors filed a notice in the case on Saturday evening, saying the government was appealing the matter the to the U.S. Court of Appeals for the Fifth Circuit.
The appeal comes days after U.S. District Judge J. Campbell Barker ruled that the Centers for Disease Control and Prevented had overstepped its authority and that the moratorium was unlawful. “Although the COVID-19 pandemic persists, so does the Constitution,” the judge wrote in the decision on Thursday.