Commentary State and federal tenant eviction moratoria go beyond “unconstitutional.” They’re a direct assault on the constitutional order itself. They represent insurrection from above. I’m not prone to overstatement. Read on. Surf the web, and you’ll find many critics of the moratoria—even in the establishment media. Under special fire is President Joe Biden’s purported extension of the Centers for Disease Control and Prevention (CDC) federal moratorium. Critics note that Biden has been able to cite no legal support for his action. Critics also argue that the CDC’s order exceeds the scope of Congress’s authorizing statute and of the regulation issued under it. A majority of the Supreme Court agrees with this position (pdf). Critics further claim that if we do read Congress’s statute broadly enough to authorize the CDC’s order, then Congress exceeded its power to delegate to an executive agency. While they acknowledge that the modern Supreme Court has …