The Eviction-Moratorium Decree: Why It’s Unconstitutional

President Joe Biden meets with Cuban American leaders in the State Dining Room at the White House in Washington, D.C., July 30, 2021. (Evelyn Hockstein/Reuters)
Biden is running roughshod over the separation of powers.

NRPLUS MEMBER ARTICLE I concur with Phil Klein that President Biden has violated his oath of office by reinstating the eviction moratorium. It is important to spell out why.

As I’ve detailed over the past several weeks (see here and follow the links), there has been no shortage of litigation over the moratorium — which is better understood as a series of moratoria, started by the Trump administration and sustained by the Biden administration in executive actions, the last of which — prior to Biden’s lawless fiat yesterday — lapsed on July 31.

The challenges fell into two categories. First is the constitutional claim

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