> The president knows this. He told the press that his administration had surveyed the opinions of constitutional scholars, and that most thought an extension would be unlawful. Yet under political pressure from the left, Biden nevertheless ultimately decided to issue the extension.
In other words: SCOTUS wrote words clearly indicating a ban would be illegal. By a technicality (expiration date), they didn't issue an explicit ruling. Biden did it anyway, while admitting he knew it was illegal.
And the administration gets to say they did all they could and it’s up to congress now.
Nobody alleged anything was unconstitutional. The question was whether the CDC exceeded the authority Congress gave it. The Court declined to answer that question when it was first raised. It answered it, definitively, the second time, striking down the moratorium extension.
Seems like they are kind of picking and choosing what rules they'll follow, and which rights they think people deserve
The Court originally declined to vacate the stay in a 5-4 decision. The fifth vote was from Kavanaugh, who wrote that he thought the stay should be vacated, but wasn't voting to do so because the moratorium was about to expire anyway. That concurrence is certainly informative, but doesn't override his actual vote to maintain the stay.
The second moratorium was quickly overturned, with Kavanaugh voting this time in accordance with his opinion. In any case, the administration did actually follow that ruling.
This is taken directly from the actual decision (the first round is discussed on page 4): https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf