The new eviction ban will inevitably make its way through the courts, and if it reaches the Supreme Court it will almost certainly be struck down by a 5-4 vote as an unlawful exercise of executive power.

And this is where we can return to the broader question of norms and institutions, and the ramifications of President Biden’s action.

His decision will further erode the Supreme Court’s legitimacy. The president has buoyed his supporters’ hopes with a policy win that will prove fleeting, and when they are stripped of that win by the Supreme Court, they will conclude that it’s the Supreme Court that is their problem. Don’t be surprised if calls for court packing and other norm-breaking proposals resume.

And the president’s action only worsens the unfortunate buck-passing dynamic among the branches of government—especially Congress’s eagerness to cede legislative authority to the executive branch. A president who is courageously committed to institutional norms would not assist Congress in its dereliction of duty. The disappearance of congressional strength atrophies our self-governing muscles. It cuts against piecemeal compromise, and it exacerbates fear of the other side. We’ve forgotten how to debate and work with one another—in the public square and in Congress. With his action this week, President Biden is not pushing back against this worrisome erosion of our self-governing capacities—he is adding to it.