Washington Examiner

Supreme Court news: ‘Major questions’ doctrine used to block student debt plan.

The Supreme Court Strikes Down Biden’s Student Loan Forgiveness Plan

In a major blow to the Biden administration, the Supreme Court relied on the “major questions doctrine” to thwart President Joe Biden’s $430 billion student loan forgiveness plan. The 6-3 majority, led by Chief Justice John Roberts, ruled that loan forgiveness exceeded the legal authority of the secretary of education to waive or modify provisions of the law in response to the COVID-19 pandemic.

The Major Questions Doctrine

The major questions doctrine, previously used in cases such as West Virginia v. EPA, limits the executive branch’s actions if they are considered significant and new. The court will examine whether Congress has authorized such actions, and if not, they will be struck down. Harvard Law School professor Noah Feldman believes this doctrine provided Chief Justice Roberts with the ammunition to strike down the loan forgiveness program.

Disagreements and Dissent

Justice Elena Kagan dissented, arguing that the major questions doctrine is a “made-up” principle used by the court to overturn executive actions they disagree with. However, Chief Justice Roberts and Justice Amy Coney Barrett emphasized that the major questions doctrine was not necessary to reach the majority opinion.

The Real Point of Dispute

The incorporation of the major questions doctrine in the majority opinion is the main point of dispute between the majority and the dissenting opinion. Justice Kagan questions the need for the doctrine if the majority was confident in their decision. However, Thomas Berry of the Cato Institute believes that even without the doctrine, the outcome would likely have been the same.

Clawing Back Agency Authority

The Supreme Court has been gradually limiting agency authority based on vague statutory interpretations of federal law. This trend has been particularly evident since former President Donald Trump solidified the 6-3 Republican-appointed majority in 2020.

The Future of Legal Principles

In the upcoming fall term, the Supreme Court will consider a case involving fishermen that could potentially impact the “Chevron doctrine.” This doctrine, established in Chevron v. Natural Resources Defense Council, requires courts to defer to federal agencies’ interpretations of the laws they enforce. Some experts believe that the court’s decision on Biden’s student debt relief plan sets the stage for overruling the Chevron doctrine.

As the train of the Supreme Court moves closer to its final destination, the future of legal principles and agency authority hangs in the balance.



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