Joe Biden knows that the eviction moratorium is unconstitutional. He doesn’t care. In the words of the Washington Post: “Maybe it’s illegal, but it’s worth it”
Now this places the Supreme Court in a real bind. Since 1803, SCOTUS has held that any law that is in conflict with the Constitution is void. In practice, things are a bit different. This decision by the President creates a Constitutional crisis. What the President has done here is throw down the proverbial gauntlet. The court now must do one of two things: rule that the President’s actions are unconstitutional and attempt to enforce their decision, or they must ignore the moratorium and allow it to stand. In either case, the credibility of the court is now destroyed.
The Supreme Court is so worried that they will either be ignored, or that the Democrats will pack the court, that they are doing nothing that would upset the apple cart. The decisions on Obamacare, the election, and many other divisive issues are perfect examples. The court itself is no longer effective.
My prediction is that the court will find a way to dodge the question. They are deeply afraid of the answer to two key questions: What happens if the government ignores their decisions? Are they still relevant?
This has long term implications for the Second Amendment, and indeed for the very future of this nation. Things will begin falling apart more rapidly as the weeks go on.