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U.S. Must Resist Biden's Unconstitutional Regime
U.S. Must Resist Biden's Unconstitutional Regime
President Biden's extension of the eviction moratorium is unconstitutional and he knows it
Biden was elected to restore norms to Washington, D.C., but his eviction decision is one of the most egregious acts of executive overreach in decades.
Charles Cooke
Opinion Contributor
On Tuesday, the President of the United States stood before the nation and announced that he intended to break the law.
Up until that point, Joe Biden had confirmed repeatedly that he did not possess the constitutional authority to extend the eviction moratorium that the Center for Disease Control promulgated last year under President Trump, and that the CDC had renewed back in June. Asked on Monday whether the White House could restore the policy, Gene Sperling told reporters that “the President has “not only kicked the tires, he has double, triple, quadruple checked,” and he has found each time that he cannot. Moreover, Sperling confirmed, Biden had “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...” Speaking at his press conference Tuesday, Biden reiterated these findings. “The bulk of the constitutional scholarship,” Biden conceded, “says it’s not likely to pass constitutional muster,” as, he noted, did the Supreme Court, which ruled in June that the scheme “exceeded its existing statutory authority” and could not be extended without explicit congressional approval. But, Biden said, he had decided he was going to do it anyway – if just to exploit the time it would take before the judicial branch struck it down.
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