As discussed in a prior blog post, U.S. District Judge John Barker issued a February 25 decision, ruling that the CDC's Order temporarily halting certain evictions was unconstitutional, as it exceeded the federal government's constitutional authority.

On Saturday, the Department of Justice and CDC filed its Notice of Appeal with the Texas-based U.S. Court of Appeals for the 5th Circuit.

The Department of Justice also made the following statement setting forth its view on the effect of the Texas decision on its enforcement of the CDC Order nationwide:

"The Department of Justice respectfully disagrees with the February 25 decision of the district court in Terkel v. CDC that the CDC's eviction moratorium exceeds Congress' powers under the Commerce Clause and the Necessary and Proper Clause, and the Department has appealed that decision," Brian M. Boynton, acting assistant attorney general for the department's civil division, said in a statement.

"The decision, however, does not extend beyond the particular plaintiffs in that case, and it does not prohibit the application of the CDC's eviction moratorium to other parties. For other landlords who rent to covered persons, the CDC's eviction moratorium remains in effect."

Per this statement, the Department of Justice and CDC will continue to enforce the CDC Order nationwide.

More information will be forthcoming, as there are still unanswered questions regarding how Iowa courts will react to this developing situation. However, at this point we know the federal government will continue to enforce the CDC Order on a nationwide basis, so the most conservative route for landlords is to continue to abide the CDC Order.