Biden admits CDC eviction moratorium is probably illegal and unconstitutional

When accused of lawbreaking, most presidents have responded by issuing a denial. However, President Joe Biden recently adopted a new tactic.

As Washington Examiner columnist Kaylee McGhee White noted in a piece last week, Biden recently admitted that his approval of an extension of the federal eviction moratorium is probably unconstitutional.

What’s happening?

In late June, Supreme Court Justice Brett Kavanaugh wrote that the Centers for Disease Control and Prevention (CDC) lacked authority to unilaterally extend its nationwide eviction moratorium.

“In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31,” Kavanaugh said, according to Fox Business. Yet, as McGheewrote, that decision has clearly not stopped the Biden administration from pushing ahead with a new moratorium from the CDC.

“Constitutionally, the bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Biden admitted during a presser last week.

“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,” the president added.

Biden went on to admit that he knows the action isn’t legally sound but is moving forward simply to buy time until it’s challenged in court. “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,” Biden said.

Defying the Constitution

McGhee offered a scathing review of those particular remarks, writing, “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,” she continued.

McGhee added: “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.”

As far as McGhee is concerned, Biden is only allowed to get away with such brazenness because he is held to a different standard by Democrats and the media, compared to his predecessor.

She concluded that Biden “deserves a sharp and immediate rebuke,” due to the fact that “no president should be able to defy this constitutional principle in a blatant manner without facing serious consequences for doing so.”

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