US Constitution, Article II, Section 1, Clause 8:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

The Supreme Court, Justice Kavanaugh concurring:

I agree with the District Court and the applicants that
the Centers for Disease Control and Prevention exceeded
its existing statutory authority by issuing a nationwide
eviction moratorium.
***
In my view, clear and specific congressional authorization
(via new legislation) would be necessary for the CDC to extend
the moratorium past July 31.

President Biden:

“I can't guarantee you the court won’t rule that we don't have that authority, but at least we'll have the ability to, if we have to appeal, to keep this going for a month. At least. I hope longer.”

Question: Is relying on the time it will take to rule a new CDC moratorium is unconstitutional preserving, protecting or defending the US Constitution?