In response to a public health crisis, the U.S. Department of Health and Human Services (HHS) through the surgeon general has imposed an eviction moratorium targeted to areas of the country that are experiencing particularly high levels of COVID transmission. The Alabama Association of Realtors challenged the moratorium and moved before the U.S. District Court for the District of Columbia for summary judgment, invalidating the moratorium. At issue was language in 42 U.S.C. 264(a) providing that: