The Biden administration is playing into a trap of their side’s own-making—and smart Republicans would be wise to remember this moment as a precedent for a future vindication of the Constitution’s separation of powers.
As panic set in over the expiration of the pandemic-related eviction moratorium, Democrats scrambled to protect a core constituency’s expiring benefit. On June 29, the Supreme Court, in the 5-4 “shadow docket” decision of Alabama Association of Realtors, determined that the extension of the pandemic-related eviction moratorium would expire. Justice Brett Kavanaugh expressed that the Court would tolerate a unilateral extension of the moratorium by the executive branch this far but no further than the end of July, absent ordinary legislation addressing the matter. As if caught by surprise by the Supreme Court’s ruling nearly five weeks ago, Democrats in Congress, particularly the House “Squad,” began raising a ruckus over the past seven days to use whatever tools they have at their disposal to extend the moratorium.
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