Now, all eyes turn to Justice Kavanaugh. The Wall Street Journal editorial board is not holding back. They wrote about DOJ’s latest defense of the eviction moratorium:

“The Justice Department’s real position is that legal technicalities require the judiciary to make a chump out of Supreme Court Justice Brett Kavanaugh. . . . If the judiciary doesn’t want to find itself getting jerked around like this, then it shouldn’t give Mr. Biden what he wants. Meantime, Justice Kavanaugh ought to conclude that judicial forbearance is a fool’s errand.”

Chump. Fool. Jerked around. And you thought I was tough on BK?!

The President is daring the Court to drag out this process. If there are five votes to enjoin the policy, the majority should issue the order right away, with an opinion to come at some future date. Or, even better, start writing the opinion now, there’s no reason to wait. That advice goes for Justice Kagan as well. The dissent writes itself. And the Chief can slap together a one-paragraph dissent about irreparable harm in 30 minutes.