TEXAS (NewsNation Now) — A federal district court in Texas has ruled that the CDC’s eviction moratorium is unconstitutional.

The court found that the order exceeds the power granted to the federal government to regulate commerce among states.  It can be appealed to the US Court of Appeals for the Fifth Circuit which covers Texas.

The original order was implemented in September and prevented any evictions across the country. The Biden administration extended the order until March 31st.

One of the plaintiffs in the case, Texas Public Policy Foundation and Southeastern Legal Foundation’s General Counsel Robert Henneke said the case put down a marker for future federal policy.

“Today, the court held that the federal government cannot interfere with private property rights or citizen’s access to the courts to exercise their rights under state law,” said Henneke. “The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach. This case puts down a marker. There are real, meaningful, limits to federal power under our Constitution. And pandemic or not, federal courts have a “virtually unflagging obligation” to impose those limits in cases brought before them.”