In the United States Court of Appeals for the Fifth Circuit No. 21-40317. On appeal from the United States District Court for the Eastern District of Texas. Brief of Texas Appleseed as Amicus Curiae in Support of Defendant-Appellant Urging Reversal. Issue: Texas Appleseed, represented by pro bono counsel Stinson LLP, filed this brief in support of the temporary eviction moratorium issued by the CDC to prevent further spread of the COVID-19 pandemic, and the fact that this regulation did not exceed Congress’ power under the Commerce Clause of the U.S. Constitution. The District Court’s decision was not only a substantial departure from existing Commerce Clause jurisprudence that would threaten a wide range of regulations, but if applied beyond the Plaintiffs, would potentially result in the eviction of one million Texans, force Texas families whose finances have been affected by the pandemic into homelessness, increase the use of costly emergency public services, and accelerate the spread of COVID-19.


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