Joe Biden admitted that his extension of the moratorium on evictions to from July 31 to October 3 was probably unconstitutional. What he forgot to mention was that it’s his job to uphold the Constitution.
“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” he said. But he did it anyway, to buy some more time until it works its way through the courts
“At a minimum, by the time it gets litigated, it will 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.
Get it? Let’s do something illegal, but by the time we get caught, we will have achieved some of our objectives. Imagine if Donald Trump so boldly committed a lawless act.
According to the Wall Street Journal:
Many Presidents have overstepped their authority, but this is premeditated lawlessness. The government has been slow to distribute pandemic relief funds to renters. Now to buy time and silence Democratic critics, Mr. Biden has signed off on an order that he admits he can’t defend in good faith.
The CDC’s original eviction ban, issued last September under President Trump, was extensively litigated before it expired on July 31. Five federal courts, including an appellate panel at the Sixth Circuit, ruled against it. A few courts went the other way, saying that landlords hadn’t met the burden required for a preliminary injunction. But the judicial score was lopsided against the moratorium.
The White House spent days telling Democrats that Mr. Biden couldn’t renew the order. “The President has not only kicked the tires; he has double, triple, quadruple checked,” a senior aide said Monday. “He has asked the CDC to look at whether you could even do targeted eviction moratorium—that just went to the counties that have higher rates—and they, as well, have been unable to find the legal authority.”
A day later Mr. Biden did it anyway, without so much as a legal fig leaf.