But that's not constitutional.
Of course it isn't. But it didn't stop President Asterisk from doubling down on the mandate by extending it -- yet again.
There is some argument against Kavanaugh for being flimsy in his initial statement that it wasn't constitutional (but it's OK for now and don't do it again, CDC, or we'll take your toys away from you) and that any further extension required legislation. Asterisk basically told SCOTUS to pound sand, I'll do what I want.
Being less than forceful in allowing the moratorium to stand is an invitation for the Dems to keep doing what they habitually do. SCOTUS is even more squishy than establishment republicans.