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A sign calling for fighting evictions is set on the ground the night Rep. Cori Bush (D-MO) slept outside the U.S. Capitol to call for for an extension of the federal eviction moratorium. Photo: Joshua Roberts/Getty Images

A federal judge denied landlords' request to pause the Biden administration's new federal eviction moratorium, saying she doesn't have the authority to do so despite her belief that the policy is illegal, according to a court document filed Friday.

Driving the news: U.S. District Judge Dabney Friedrich determined that the new moratorium is "virtually identical" to a previous ban that she deemed illegal in May, and should therefore be considered an "extension."

  • However, because that moratorium is subject to a previous appeals court ruling that allowed it to remain in place, Friedrich said that her "hands are tied."
  • Alabama landlords who are challenging the ban on evictions will likely appeal, per AP.
  • If the appeals court ruling doesn't go their way, they will take the case to the Supreme Court — where Justice Brett Kavanaugh has already signaled he believes the moratorium is illegal without congressional authorization, tipping the court's balance in the landlords' favor.
  • "We are pleased that the district court left the moratorium in place, though we are aware that further proceedings in this case are likely," White House press secretary Jen Psaki said in a statement Friday.

Why it matters: Biden himself has acknowledged that the new moratorium is "not likely to pass constitutional muster," but suggested the legal process will buy the administration and state governments time to distribute rent relief. The new 60-day moratorium imposed by the CDC is set to expire Oct. 3.

The big picture: The CDC issued an order earlier this month that barred evictions for most of the country, following protests from Rep. Cori Bush (D-Mo.) and other progressives on the steps of the U.S. Capitol.

  • The Biden administration, which initially said that it did not have the legal authority to extend the eviction ban, changed course amid pressure from Bush and other progressive Democrats.
  • The Alabama and Georgia Associations of Realtors' emergency argue that the new order exceeds the CDC's powers.
  • "The President continues to call on state and local elected officials and judges to issue local eviction moratoriums ... And, the president calls on landlords to seek out rental assistance and not evict tenants from their homes," Psaki said.

Go deeper: Landlords mount legal challenge to Biden admin's new eviction moratorium

Go deeper

Justice Department asks Supreme Court to block Texas abortion ban

Abortion rights activists rally at the Texas State Capitol on Sept. 11 in Austin, Texas. Photo: Jordan Vonderhaar/Getty Images

The Justice Department on Monday asked the Supreme Court to temporarily block Texas' near-total ban on abortions while federal courts consider its constitutionality.

The big picture: The court last month allowed the ban to take effect, rejecting an emergency application by abortion-rights groups. The law bars the procedure after cardiac activity is detected, as early as six weeks into pregnancy.

Beauty giant Coty Cosmetics looking to sell its own branded products

Coty Cosmetics CEO Sue Nabi. Photo: Axios on HBO

Coty Cosmetics CEO Sue Nabi tells Axios the beauty giant will “probably” introduce Coty-branded products one day.

Why it matters: Coty produces some of the world’s most popular fragrances, skin care products and color cosmetics on behalf of other well-known brands, but has shied away from producing its own branded products.

29 mins ago - Sports

NFL to end race-based testing in concussion settlements

Photo: Brett Carlsen/Getty Images

The National Football League on Wednesday reached an agreement with former players to end the controversial practice of race-based adjustments in dementia testing, AP reports.

Why it matters: The deal, which must still be approved by a judge, comes amid a broader discussion of racial inequities in health care.