The Justice Department on Friday urged a federal judge to allow a new eviction moratorium to remain in place, citing the rising number of COVID-19 cases and noting the U.S. Supreme Court never ruled on the merits of the moratorium.

The brief points to a prior ruling from a motions panel of the U.S. Court of Appeals for the D.C. Circuit, which addressed the U.S. Centers for Disease Control and Prevention’s statutory authority to issue the measure and found the administration was likely to succeed on the merits in its defense of the moratorium.

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