Government Agrees to Expedited Hearing on ‘Unlawful’ Eviction Ban

A group of landlords suing the federal government over its current eviction ban has been granted an expedited hearing on the matter, with the government itself agreeing to that schedule, though the ultimate date of the court’s decision remains uncertain.

In a filing late last week, the Alabama Association of Realtors said the White House had agreed to a rapid filing-and-response schedule for this week, one that requires the government’s opposition filing to be in place by Tuesday and the realtors’ response to be logged by Wednesday morning. The court subsequently granted that request.

Both parties have requested a final ruling on the matter by Thursday morning, though it’s unclear if the court will be able to accomplish that quick turnaround.

The realtors are calling for “an immediate administrative order vacating the stay” while the court considers the larger issue. The filing notes that President Joe Biden himself has insinuated that the moratorium itself may actually be illegal.

The plaintiffs argue that the Supreme Court effectively ruled that eviction moratorium policies must originate in the legislative branch rather than from the White House; the realtors argued that the current ban is a violation of that ruling.

“[T]he public interest overwhelmingly supports lifting the stay,” they argue, “for if the Executive Branch is allowed to engage in such conduct with impunity, the rule of law—and hence the public—will suffer, both now and in the future.”