On Tuesday, the Centers for Disease Control and Prevention (CDC) reissued a nationwide eviction moratorium after President Biden said it will likely not “pass constitutional muster.” However, during the time it takes the courts to strike it down, it will “give some additional time” to those choosing not to pay rent.
“Well, look, the courts made it clear that the existing moratorium was not constitutional; it wouldn’t stand,” Biden said, referring to the June Supreme Court ruling that the CDC did not have the authority to issue an eviction moratorium.
Bided later added, “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster. Number one. But there are several key scholars who think that it may and it’s worth the effort. But the present — you could not — the Court has already ruled on the present eviction moratorium.”
“I asked the CDC to go back and consider other options that may be available to them,” Biden said. “You’re going to hear from them what those other options are.”
“I have been informed they’re about to make a judgment as to potential other options,” Biden continued. “Whether that option will pass constitutional measure with this administration, I can’t tell you. I don’t know. There are a few scholars who say it will and others who say it’s not likely to.”
“But, at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money,” Biden said, admitting that his overstep of constitutional boundaries was premeditated and deliberate.
In June, the Supreme Court ruled that the CDC “exceeded its existing statutory authority by issuing a nationwide eviction moratorium ... clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
After an extension for the moratorium failed to receive enough votes in Congress last week, the CDC went ahead and issued a nationwide eviction moratorium. On Wednesday, CDC Director Rochelle Walensky announced on Twitter that she had “signed an eviction moratorium for US counties experiencing substantial & high levels of [COVID-19] transmission.” 83% of counties fall under that standard, according to CDC data.
