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Saturday, November 12, 2022 12:16:01 PM
He adds: "The most recent example of Chevron's fall is the crystallization of the long-developing major-questions doctrine in West Virginia. v. EPA (2022)." This doctrine requires a federal agency to point to "clear congressional authorization" when resolving a question of major political and economic import, which the loan write-off clearly is.
Because the Administration could not, Judge Pittman held it violates the separation of powers and vacated it. The Justice Department will no doubt appeal. Meanwhile, the Eighth Circuit Court of Appeals is considering a challenge by GOP states to the write-off. Let's hope one or both reach the Supreme Court."
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