GOP Rep: Biden Could Be Impeached for Comment on Constitutionality of Eviction Moratorium


Republican Rep. Chip Roy of Texas rightly stated Friday that President Joe Biden’s defiance of a Supreme Court ruling regarding an eviction moratorium is “absolutely impeachable.”

Biden acknowledged on Tuesday that a Centers for Disease Control and Prevention order extending a moratorium on evictions, which had expired July 31, was likely unconstitutional and in violation of a Supreme Court ruling.

“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Biden told reporters, according to an official White House transcript of his remarks. “But there are several key scholars who think that it may and it’s worth the effort. But the present — you could not — the court has already ruled on the present eviction moratorium.”

“But, at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are, in fact, behind in the rent and don’t have the money,” he added. “That’s why it was passed in — in the act that we passed in the beginning of my administration, and it went to the states.”

Biden doubled down Wednesday when asked about the constitutionality of the moratorium.

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“I can’t guarantee you the court won’t rule that we don’t have that authority but at least we’ll have the ability to, if we have to appeal, to keep this going for a month at least. I hope longer,” the president said.

Wow! That’s quite a statement from the nation’s chief executive officer who swore an oath to uphold the Constitution. So Biden’s plan is to game the legal system for a while to keep an illegal moratorium in place.

Should Biden be impeached?

The Federalist senior editor Mollie Hemingway tweeted in response: “In a sane world, impeachable.”

Roy took her observation further, replying, “Edit: it is absolutely impeachable, sane or not. In a sane world, Congress would act immediately to demand answers. Same with the border. And then impeach if (when?) not answered. #ImpeachBiden (& #ImpeachMayorkas).”

As background, the Supreme Court was clear the CDC eviction moratorium needed to end due to lack of congressional authorization.

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The CARES Act first put a nationwide eviction moratorium in place on March 27, 2020, which ended on July 24, 2020. The CDC then issued its own moratorium, which took effect in September and has been extended multiple times since.

A 5-4 Supreme Court ruling in June kept the CDC moratorium in place until the end of last month.

Justice Brett Kavanaugh joined Chief Justice John Roberts and the three liberal members of the court in allowing the moratorium to stay in place; however, in a concurring opinion, he agreed with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett that it was unconstitutional and must cease.

“Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds,” the moratorium could remain in place, Kavanaugh wrote.

Conservative commentator Mark Levin shares Roy’s assessment that Biden’s defiance of the Supreme Court and his lawless border policies are both impeachable offenses.

“This man has the border wide open in violation of our immigration laws,” said Levin, who served as chief of staff to Attorney General Edwin Meese during the Reagan administration.

“This man is doing enormous damage to this country,” he added. “People with the virus — he knows they have the virus, his government knows they have the virus — they’re pushing them into the interior of the country.”

Fox News reported Wednesday that more than 7,000 known COVID positive migrants had been released into McAllen, Texas, alone since February, including 1,500 new cases in the past seven days.

“Now what kind of a president does that to his own people?” Levin asked. “If he’s not at least going to look out for the health and safety of the American people, then he needs to be removed.”

“That’s what impeachment is for. Not for the Democrats to chase every Republican president, but to get rid of this guy. He is a disaster.”

When you think of the flimsy, unsubstantiated grounds the Democrats used to “justify” impeaching former President Donald Trump, and consider Biden’s disregard for the law now, there is no comparison.

The 46th president truly deserves to be impeached.

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Randy DeSoto has written more than 3,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Harrisburg, Pennsylvania
Graduated dean's list from West Point
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
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Virginia and Pennsylvania state bars
Phoenix, Arizona
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Politics, Entertainment, Faith