What is particularly alarming was Biden’s reason for why it may be “worth the effort” — that “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.” In other words, with appeals, the Biden administration could rush out money before the courts could shut it down.

Biden was hailed for his extraconstitutional commitment to social justice. One liberal commentator declared that “with one small action, Biden reveals himself as a better leader than Trump.” That “small action” was violating the Constitution — the document he swore to uphold, “so help me God,” at his inaugural. Nevertheless, gutting the rule of law is somehow now seen as “a sign of leadership in action.”

Biden is not a first-time offender. When he was vice president, the Obama administration green-lighted the expenditure of billions under ObamaCare despite lacking congressional approval. I represented the House of Representatives as lead counsel in successfully challenging that clearly unconstitutional act, but the administration was never required to get the money back. With the cover offered by Tribe in this instance, Biden apparently hopes to repeat the same tactic to bar evictions while evading the Constitution.