DeSantis Takes On Biden And Wins Big
Florida Governor Ron DeSantis took on the Biden administration and scored a big win.
A federal appeals court reversed a lower court ruling to allow the Centers for Disease Control and Prevention to regulate cruise ship rules in Florida.
The ruling delivered a massive blow to the Biden Administration who was hoping to use the CDC as a governing body.
The 11th Circuit Court of Appeals in Atlanta ruled that the lower courts decision was unconstitutional.
“This order finds that Florida is highly likely to prevail on the merits of the claim that CDC’s conditional sailing order and the implementing orders exceed the authority delegated to the CDC,” wrote Judge Merryday.
The CDC was designed to create guidelines however Biden was trying to use in a way that far exceeded their authority. DeSantis win in court put the CDC back in its place.
The CDC recently lost another case in federal court.
U.S. appeals court finds CDC eviction moratorium unlawful. The ruling means judges in Tennessee, Kentucky, Ohio and Michigan are no longer bound by the moratorium, said Joshua Kahane, the lawyer who argued the case for a property manager https://t.co/MVS6gM9gMM pic.twitter.com/nKsN51kMZl
— Reuters Legal (@ReutersLegal) July 23, 2021
The ruling by the 6th U.S. Circuit Court of Appeals in Cincinnati means judges in Tennessee, Kentucky, Ohio and Michigan are no longer bound by the moratorium, said Joshua Kahane, the lawyer who argued the case for a property manager.
The unanimous decision by the three-judge panel upheld a lower court ruling in March finding the CDC overstepped its authority when it issued the moratorium last year.
The opinion by Judges Alan Norris, Amul Thapar and John Bush said dealing with the evictions during the pandemic could not be delegated to the CDC under existing law.
The CDC is being put back in check after exceeding their authority.