As the progressives are doing battle with the White House over the expiration of the eviction moratorium, this has led to a number of interesting conversations. Once the moratorium expired over the weekend, AOC wasted no time blasting all of the moderate Democrats that she deemed responsible. In her mind, Congress needed to be called back into session to vote on an extension.
Nancy Pelosi was not willing to do this. The onus was then placed on the White House to solve the problem by coming up with their own unilateral decision. By the time Biden was given the chance to address the public, he claimed that the CDC would be taking care of things. The extension that the CDC rustled up would take care of the housing needs of 90 percent of Americans.
This was all predictable enough but now Biden is saying the quiet part loud. If the CDC takes further action, Biden is admitting that it won’t be constitutional. The Washington Post has more about this latest bit of Democrat chicanery:
“Biden told reporters on Tuesday afternoon that a decision from the CDC would be released later this afternoon. He acknowledged that the move would likely be subject to court challenge, and even said scholars he consulted felt the measure was likely not constitutional.
“I have been informed [the CDC is] about to make a judgment as to potential other options. Whether that option will pass a constitutional measure with this administration, I can’t tell you. I don’t know,” Biden said. “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster … But there are several key scholars who think that it may and it’s worth the effort.”
Why would this administration proceed with these plans when they know that they are violating the Constitution? All this move is going to do is buy them some time before the Supreme Court shuts it all down again. “Whether that option will pass constitutional measure [he meant muster] with this administration [he meant SCOTUS] I can’t tell you. I don’t know,” said Biden.
“There are a few scholars who say it will and others who say it’s not likely to, but at a minimum by the time it gets litigated it will probably give some additional time while we’re getting that $45 billion dollars out to people who are in fact behind on the rent and don’t have the money,” the president continued. This is quite the approach to take!
Biden is making the White House’s stance very simple. The Supreme Court is going to block this again and all they want to do is buy a little time and make things look good for the progressives. Otherwise, they are going to claim that they are not getting a fair shake. When Justice Kavanaugh agreed to let the moratorium continue for a few more weeks, he only did so because he knew that this was the end of it.
Unless “specific Congressional authorization” is offered up, the moratorium cannot lawfully continue. It’s a mere gambit that buys time for those who could not figure out another contingency plan but that does not mean that they are safe for good. When some enterprising attorney general from a red state decides to file an injunction to block this CDC order, the Biden administration is not going to know what to do with themselves.
All they had to do was have a Congressional vote but since Nancy Pelosi is not interested in doing anything that isn’t performative in nature, that is never going to happen. This leaves Biden in the unenviable position of having to push something through that is not going to work over the long haul. If you would like to learn more about the Democrats’ current plan, please be sure to check out the video below. This man has absolutely lost his mind and we would like to help him find it.