Despite the fact that the Supreme Court, the highest court in the land, has issued an explicit warning that any sort of executive extension of the federal eviction moratorium would be struck down, the Centers for Disease Control and Prevention have decided this week that they are going to implement a new moratorium anyway for a period of two months.
When President Joe Biden was asked about the legal obstacles that this policy would run into, he admitted that what his administration is currently trying to do is illegal, but he doesn’t care.
“Constitutionally, the bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Biden went on to admit during a press conference held on Tuesday. “Look. I want to make it clear. I told you I would not tell the Justice Department or the medical experts or scientists what they should say or do, so I don’t want to get ahead of the CDC.”
“At a minimum, by the time it is litigated, we’ll probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money,” he said.
In other words, Biden knows that the CDC is acting illegally but wants the agency to continue to act illegally until the courts can get around to stopping it. Litigation takes time, which means the moratorium could be in effect for weeks, maybe even months, before it is struck down. And even when it is declared unconstitutional, there is no way to go back and force renters to pay the money they owed when the moratorium was in place, even if the moratorium itself was illegal.advertisement — content continues below
This is such a flagrant violation of the law and the constitutional bounds of Biden’s presidency that it’s a wonder no one outside of conservative circles seems to care.
Imagine, for a moment, if the Supreme Court had told former President Donald Trump that he could not use military funds to build the southern border wall without congressional approval. (In reality, it allowed the construction to continue in a 5-4 ruling last summer.) And imagine if Trump responded by tweeting that he was just going to build the wall anyway. The uproar from Democrats and the liberal media would have been immediate. They would have slammed his executive overreach as a hopeful dictatorship, and they would have been right to do so. The president cannot rule as he pleases. He is necessarily checked by Congress and the courts, and when one branch of government has very clearly forbidden him from overstepping the bounds of his authority, he has a constitutional duty to listen.
Doesn’t this make it seem as if President Biden is testing the waters to see just how much he can get away with? Pushing the boundaries so he can attempt to implement some truly egregious and radical leftist policies without running into constitutional trouble?
Someone needs to stand up and deliver a harsh rebuke to the president and remind him that our nation was established on the idea of a separation of powers, which still apply today, and that no president should be able to so boldly stand up and defy the written law of the land with facing some serious consequences.