Instances of presidents claiming they have power not given to them by the Constitution have become commonplace in American politics, but it is rare that these presidents do this blatantly.
This week, President Biden made a complete 180 from what his admin. admitted earlier it did not have the ability to do by creating a new eviction ban.
The past moratorium’s extension expired at the very end of July, prompting concerns from journalists about the possibility of a renewal.
In a press conference only two days after the expiration, WH press secretary Jen Psaki said that Biden was seeking out all options to help residents stay in their homes. This included encouraging local and state authorities to pass or extend their own moratoriums.
Psaki clearly said that the administration was keeping all options open, but when asked why President Biden would not take executive actions now, she said that “he is not going to take another step without the legal authority to.”
This inability to take action alludes to the Supreme Court’s ruling not to remove the past eviction ban. However, in a written opinion, Justice Kavanaugh stated he chose not to remove the moratorium partly because of the ban being set to expire on July 31.
“The CDC wants to end the moratorium in just a few weeks, on July 31, and due to those few weeks allowing additional and a better distribution of the congressional assistance funds,” he said.
But Kavanaugh also said he thought congressional action was needed to keep the moratorium going.
“In my opinion, clear congressional authorization (through new legislation) would be needed for the CDC to prolong the moratorium past the July 31 date,” he said.
Congress has not yet passed such legislation.
The Biden White House, for its part, emphasized they can not re-impose an eviction moratorium because it does not have the authority.
“On this topic, the president has doubled and quadrupled checked,” White House official Gene Sperling said at a news conference this week.
Yet the very next day, the Biden White House’s CDC announced a new eviction moratorium in places with “high transmission” of COVID-19. This designation currently means most counties in the nation, as the CDC reports.
This choice reveals Biden’s willingness to go around the Constitution in order to further his own political agenda. And to do so right in the face of the American people.
Author: Scott Dowdy