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Re: Robert from yahoo bd post# 749440

Friday, 02/24/2023 8:13:47 PM

Friday, February 24, 2023 8:13:47 PM

Post# of 802641
"Michael McConnell: Most of the briefs, including the respondents’ brief, rely on what is called the “major questions doctrine.” This is a new and highly controversial idea, and it means that if there is a major issue before the government (such as student loan forgiveness), then the courts should depart from its ordinary principles of statutory construction and of the non-delegation doctrine. This reasoning has become more common in the federal judiciary in the last few years. It may be right, but it is something on which serious people disagree."

https://law.stanford.edu/2023/02/24/qa-senior-fellows-john-f-cogan-and-michael-mcconnell-on-their-new-amicus-brief-opposing-the-student-loan-forgiveness-program/