During the 2020 presidential campaign, then-candidate Joe Biden told voters that the choice between him and Donald Trump was between the lawful and the lawless. He called for voters to support "the rule of law, our Constitution," a choice repeated mantralike by the media to "end Trump’s assault on the rule of law." Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it.
A few weeks ago, the Supreme Court ruled on the authority of the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters during the pandemic. Some of us criticized the CDC order as unconstitutional. The reason is the breathtaking authority claimed by the CDC under a federal law that gives it the power to “make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases.”
Read Full Article »