President Biden has gone all in on an agenda that he’s been told likely is unconstitutional because he wants “to get money out the door before the court killed the program.”
And that has constitutional expert Jonathan Turley pointing out that Biden supposedly “took an oath to uphold the Constitution, not to violate it when he can use the delay in any final order to get the money out the door.”
Politico confirms under Biden, the Centers for Disease Control on Tuesday began “a new, targeted federal eviction ban to replace the one that expired over the weekend.”
The report confirmed it set up a possible clash with the Supreme Court.
“Biden said on Tuesday he had sought out constitutional scholars to determine the CDC’s legal authority and ‘what could they do that is most likely to pass muster constitutionally.’ The ‘bulk’ of the scholarship reviewed by the White House said additional action by the CDC would not pass muster in the courts, Biden said, adding that there were some ‘key scholars’ who said it could,” the report explained.
The White House earlier admitted the CDC had no authority for its decision and Congress would need to step up.
Now Jonathan Turley, who holds the Shapiro Chair of Public Interest Law and George Washington University, is a constitutional expert, longtime legal commentator on various networks and a witness before Congress of those issues, pointed out that Biden “took an oath to uphold the Constitution, not to violate it…”
…What was astonishing is that Biden acknowledged that it is still likely unconstitutional but that they could tie it up in courts to get the money out in the interim…
— Jonathan Turley (@JonathanTurley) August 3, 2021
Given the ideological makeup of law school faculties, it is chilling that most of the preferred advisers to the Biden Administration admitted that this would be likely unconstitutional. It is equally unsurprising that there are a couple dismissing such constitutional concerns.
— Jonathan Turley (@JonathanTurley) August 3, 2021
…President Biden took an oath to uphold the Constitution, not to violate it when he can use the delay in any final order to get the money out the door. In so doing, he is admitting that he would be spending federal money without constitutional authority.
— Jonathan Turley (@JonathanTurley) August 3, 2021
A commentary at Twitchy described Turley as having “ripped” Biden for his pursuit of an “unconstitutional” path.
Biden’s action came after a “standoff” with House Speaker Nancy Pelosi and other top Democrats in Congress who resented having the responsibility put on them.
The new ban is to give state and local programs more time to hand out rent subsidies (and to increase COVID vaccination rates).
Politico reported Biden’s abrupt change of direction puts him “on a collision course with the Supreme Court.”
The White House earlier said it could not extend the ending moratorium, prompting Democrat lawmakers to apply more pressure on Biden.
The Supreme Court said in June a majority of the justices believed the CDC “overstepped” its authority when it created that first moratorium last September. A court ruling on that issue could, in fact, create new obstacles for agency agenda points in the future.
The Wall Street Journal confirmed Biden bowed “to pressure from progressive Democrats” to revive the agenda “despite White House officials saying they lacked the legal authority to do so.”
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