It was just weeks ago that President Joe Biden ignored a U.S. Supreme Court ruling that impacted the federal eviction moratorium, but he is apparently eager to maintain at least a pretense of caring about constitutional limits on his authority.
According to The Hill, Biden begged the Supreme Court on Monday to leave his illegal mortarium alone, arguing that the delta variant bolstered the Centers for Disease Control’s (CDC) imaginary authority to suspend evictions.
Landlords in trouble
Biden’s move has placed the nation’s landlords in a terrible bind, and they argued in a petition asking the Supreme Court to lift the moratorium last week, saying that Congress “never gave the CDC the staggering amount of power it claims.”
Biden’s Solicitor General blankly asserted to the contrary that the CDC has “the statutory authority to halt evictions to prevent the spread of communicable disease” and that the spread of the Delta variant somehow strengthened this magical authority.
“The CDC has warned that the public health consequences of an increase of evictions at this time would be very difficult to reverse,” Brian Fletcher argued.
But the Supreme Court made clear in its previous ruling on the matter, in June, that the CDC had already stepped out of line and that the Biden administration would need to go through Congress.
Biden plays his cards
At the time, Biden rationalized his decision by saying a legal battle would buy time to distribute billions in rental assistance, Bloomberg reported.
He flatly acknowledged that his action was probably illegal.
“The bulk of the constitutional scholarship says it’s not likely to pass constitutional muster, number one,” Biden said. “But there are several key scholars who say that it may and it’s worth the effort.”
Biden is now doubling down and demanding that the Supreme Court honor what Biden has admitted is an illegal decision. It’s breathtakingly authoritarian stuff.
But it’s not surprising that Biden is using COVID-19, his catchall justification for all manner of draconian nonsense, as the excuse. As Politico noted, he pressed all workplaces in America to fire their employees if they do not take the COVID-19 vaccine, again citing the delta variant.