Joe Biden Is Daring Brett Kavanaugh to Do His Job

Then-nominee Brett Kavanaugh testifies before the Senate Judiciary Committee in Washington, D.C., September 27, 2018. (Michael Reynolds/Reuters)
Kavanaugh should’ve killed the CDC’s illegal eviction moratorium when it first came before SCOTUS a month ago. He can’t afford to make the same mistake twice.

NRPLUS MEMBER ARTICLE J oe Biden is openly daring Brett Kavanaugh to do his job and throw out the new eviction moratorium issued by the Centers for Disease Control and Prevention. This is the sort of dumb client-from-hell mouth-spouting that often caused Donald Trump to lose cases in court. Biden, a lawyer and longtime Senate Judiciary Committee chairman, should know better. Kavanaugh ought to have ruled to block the moratorium when it first came before the Court, and he ought to call Biden’s bluff now.

The chief job of Supreme Court justices, is, in the words of Chief Justice John Marshall, “to say what the

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