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TIGER LILY v. U.S. DEPT. OF HOUS. AND URBAN DEV.

No. 21-5256.

5 F.4th 666 (2021)

TIGER LILY, LLC, et al., Plaintiff-Appellees, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Alisa B. Klein , Brian J. Springer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. S. Joshua Kahane , Aubrey B. Greer , GLANKLER BROWN, PLLC, Memphis, Tennessee, for Appellees. Brianne J. Gorod , CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., Jay R. Carson , THE BUCKEYE INSTITUTE, Columbus, Ohio, for Amici Curiae.

BUSH, J., delivered the opinion of the court in which NORRIS and THAPAR, JJ., joined. THAPAR, J. (pp. 673-75), delivered a separate concurring opinion.

OPINION

Ten months ago, the Centers for Disease Control and Prevention imposed an eviction moratorium on rental properties across the country. It found authority for its unprecedented action in a provision of the Public Health Service Act of 1944. Plaintiffs sued, arguing that the provision does not grant the...

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