U.S. Supreme Court's 'major questions' test may doom Biden student
debt plan
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...
Legal experts said Biden's program, intended to ease the financial
burden on debt-saddled college-educated Americans like Hayes but
criticized by Republicans as an overreach of his authority, may be
scrutinized by the court under the so-called major questions doctrine.
Its 6-3 conservative majority has employed this muscular judicial
approach to invalidate major Biden policies deemed lacking clear
congressional authorization.
...
...
The major questions doctrine is an outgrowth of an approach favored by
many conservatives and business groups to curb what they call the
excesses of the "administrative state." They object to what they see
as accumulated power by the U.S. government's executive branch without
proper checks by the courts and Congress.
The conservative justices already have shown skepticism toward giving
deference to federal agency decisions.
"It now looms over any big agency action that the administration wants
to do," University of San Diego law professor Mila Sohoni said of the
major questions doctrine. "The doctrine allows courts a great deal of
leeway to pick and choose which agency actions to strike down and
which to sustain."
https://www.reuters.com/world/us/us-supreme-courts-major-questions-test-may-doom-biden-student-debt-plan-2023-02-23/
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