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Re: Donotunderstand post# 748906

Sunday, 02/19/2023 11:01:02 AM

Sunday, February 19, 2023 11:01:02 AM

Post# of 797368
I'm still looking into the Major Questions Doctrine issue here, but as I understand it, EVEN IF the broad sweeping language of the federal agency enabling or subsequent statutes (e.g., HERA's "in the best interests of the FHFA and by extension the public it serves") allows a federal agency (e.g., the FHFA) to act in the manner it did (e.g., the NWS) THEN the federal agency action could be invalidated IF it was a Major Question of Economic and Political Importance.

Why? Simply BECAUSE these federal decisions according to the US Constitution are EXCLUSIVELY reserved for our ELECTED REPRESENTATIVES IN CONGRESS NOT Unelected Bureaucrats in the federal agencies.

That particular reasoning was enough to have a federal judge stop the $400B Department of Education's student loan forgiveness program either temporarily or permanently depending on the outcome this Summer.

Oral arguments are set for February 28th at the SCOTUS and some legal heavyweights have shared their reasoning.