voted 5-4 against blocking the original evictions ban. Eight of the justices had issued no opinion explaining their reasoning, but Justice Brett Kavanaugh — the swing vote — warned that “clear and specific congressional authorization” would be necessary for the moratorium to continue beyond its scheduled expiration at the end of July.

Dana Remus, the White House counsel, briefed Mr. Biden about the opinion, saying Justice Kavanaugh’s signal that next time he would join the four justices who were more skeptical of the ban precluded an extension. Policy officials, who wanted a moratorium to continue, nonetheless concurred that legal concerns meant the existing ban could not be extended, viewing it as a lucky break that they had another month to send out more housing assistance funds to soften the impact. According to one top administration official, it was like “winning something by the hair of your chinny-chin-chin.”

an opinion essay in The Boston Globe on Friday defending the new moratorium as “plainly lawful.”

The executive branch legal team conveyed the complex consensus to the president: He could lawfully act, but such an edict was unlikely to survive long in court. Still, for Mr. Biden, it offered — at a minimum — a way to alleviate the political pressure to do something, at a time when his agenda can ill afford alienating allies in the closely divided Congress.

Mr. Biden decided to issue the new, narrowed moratorium. The Alabama Association of Realtors has already filed a lawsuit urging the courts to block it. A hearing in the case is scheduled for Monday morning.

“I went ahead and did it,” Mr. Biden told reporters on Thursday. “But here’s the deal: I can’t guarantee you the court won’t rule if we don’t have that authority. But at least we’ll have the ability, if we have to appeal, to keep this going for a month at least — I hope longer than that.”

View Source

>>> Don’t Miss Today’s BEST Amazon Deals! <<<<