Unconstitutional

Unconstitutional

Canceling the Constitution: Biden hailed for violating rule of law to extend eviction moratorium

During the 2020 presidential campaign, then-candidate Joe Biden told voters that the choice between him and Donald Trump was between the lawful and the lawless. He called for voters to support “the rule of law, our Constitution,” a choice repeated mantralike by the media to “end Trump’s assault on the rule of law.” Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it. A few weeks ago, the Supreme Court ruled on the authority of the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters during the pandemic. Some of us criticized the CDC order as uncons...

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D.C. Circuit Declares NLRB Recess Appointments Unconstitutional

A federal appeals court in Washington today declared unconstitutional a series of recess appointments President Barack Obama made to the National Labor Relations Board, setting up a potential government request that the U.S. Supreme Court weigh the scope of presidential appointment power. The ruling in the U.S. Court of Appeals for the D.C. Circuit was a major blow to the U.S. Justice Department, which defended the appointments as a valid exercise of presidential authority. Read more…

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