"The bulk of the constitutional scholarship says that it's not likely to pass constitutional muster" is not a sentence you want to hear from a president launching an economywide initiative that will directly impact millions of Americans. Yet President Joe Biden said exactly that in 2021 when he announced plans to continue a Trump-era Centers for Disease Control and Prevention (CDC) initiative giving public health bureaucrats control over evictions nationwide.
The Court was not amused by Biden's brazenness, and—just as it had clearly signaled it would do when it had earlier considered the expiring eviction moratorium—it ruled that it was not, in fact, within the power of the executive to give the CDC control of the contractual arrangements between every American renter and landlord.
