Biden told White House chief to seek Harvard legal scholar’s guidance, leading to reversal on evictions

After White House legal advisers found he could not extend a national eviction moratorium, President Biden told Chief of Staff Ron Klain to seek the advice of Harvard law professor emeritus Laurence Tribe about whether an alternative legal basis could be devised for protecting struggling renters across the country, according to a person familiar with the matter.

The phone call between Klain and Tribe — held Sunday amid a national outcry over the expiry of the moratorium — set in motion a rapid reversal of the administration’s legal position that it could not extend the eviction ban. Tribe suggested to Klain and White House Counsel Dana Remus that the administration could impose a new and different moratorium, rather than try to extend the original ban in potential defiance of a warning from Supreme Court Justice Brett M. Kavanaugh, the person said.

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