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Joe Biden certainly isn’t the first president to violate his oath of office, but he might be the first in memory to openly brag about doing it.
As Biden announced a new “eviction moratorium,” he informed Americans that the “bulk of constitutional scholars” would say the Centers for Disease Control and Prevention eviction moratorium is “not likely to pass constitutional muster.”
Not likely? It already failed.
In June, Justice Brett Kavanaugh agreed with the majority Supreme Court that the CDC “exceeded its existing statutory authority,” even though he allowed the order to sunset. The president admitted as much, noting that the new moratorium is meant to give the administration time to act on “rental assistance” before the court again shuts it down. What stops Biden from stalling and trying a third time? A 10th time?
Biden admitted to the media that he would be circumventing the courts, the law, and his oath of office, in which he promised, to the best of his ability, to “preserve, protect, and defend the Constitution of the United States,” not to infringe on the property rights of Americans to placate crackpot socialists in his party.
When asked today about the discrepancy, White House press secretary Jen Psaki promised, “This is also going to be a temporary solution.” Because, as Article 2, Section 5, apparently states, the executive can make laws irrespective of Supreme Court rulings, as long as he also crosses his heart and promises it’s only going to be temporary.
When pushed further on the matter, Psaki could not recall the moment when Biden was convinced there was solid legal ground to move forward. Probably because no such moment exists.
Rep. Alexandria Ocasio-Cortez, D-N.Y., was far more honest, noting that this was “a huge victory for the power of direct action and not taking no for an answer.”
Not taking no for an answer—in this case, not taking no for an answer from the Supreme Court—is lawlessness. The process—the sacred norms that Democrats pretended to care about over the past five years—is irrelevant to engaging in “direct action” within government. It’s been clear from their efforts to delegitimize the Supreme Court to their effort to undermine faith in federalism and countermajoritarian institutions.