The Supreme Court has struck down the most recent eviction moratorium put in place by the Biden administration citing congressional action will be necessary if another moratorium will be put in place. The final ruling was 6-3 with all liberal members dissenting.

"It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened," the court said. "Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts." the court said.

The White House released a statement expressing the Biden administration’s disappointment as the highly contagious Delta variant continues to spread across the country.

"In light of the Supreme Court ruling and the continued risk of COVID-19 transmission, President Biden is once again calling on all entities that can prevent evictions – from cities and states to local courts, landlords, Cabinet Agencies – to urgently act to prevent evictions," White House Press Sec. Jen Psaki said.

Liberal Justice Stephen Breyer voiced his dissenting opinion saying the court was not justified in ending the moratorium with the rapid spread of COVID-19 cases. "The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90 percent of counties are experiencing high transmission rates," Breyer wrote.

The current 7-day average of COVID-19 cases is 133,056, according to the CDC.

Landlord and real estate agents from Alabama and Georgia had previously asked the high court to put an end to the Centers for Disease Control and Prevention’s moratorium on evictions.

The plantiffs had pointed to a previous concurrence written by Justice Brett Kavanaugh: “In my view clear and specific congressional authorization would be necessary for the CDC to extend the moratorium past July 31st,” he wrote.

Biden had previously expressed his doubts about how long the moratorium would last saying “any call for a moratorium based on the Supreme Court’s recent decision is likely to face obstacles.”

State and local officials are still working to distribute the $45.6 billion in rental assistance. The distribution has seen many roadblocks as government officials have only been able to send out about 10% of the federal funds since the end of July.

According to the most recent Census Bureau survey, 7.9 million people are behind on their rent and 3.5 million will be facing eviction in the next two months.

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