Canceling the Constitution: Biden hailed for violating rule of law to extend eviction moratorium | TheHill

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.

I have long been a critic of such unchecked and undefined authority in pandemics. This, however, is a particularly chilling example. It would give the CDC authority over huge swaths of our economy to avoid even the possibility of the introduction or spread of a disease. It means that a Constitution designed to prevent tyranny and authoritarianism becomes largely irrelevant if you put on a white lab coat. After all, the law was designed to control disease, not democracy, as a public health priority.

via thehill.com

One of the con law experts the WH reported called was Larry Tribe. I don’t think he should count. The guy, God bless his heart, is a perfect partisan. I think you have to be less than 100 percent confident that you can predict what a putative scholar will say based on the politics of a case, before you can really count him as a legal scholar.