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Re: Donotunderstand post# 749740

Tuesday, 02/28/2023 1:45:02 PM

Tuesday, February 28, 2023 1:45:02 PM

Post# of 793666

So is Kagan saying that the MQD is being used even when the TEXT is pretty clear --- to in essence override legislative instruction --- with a bend to the politics of the conservative majority



EXACTLY, oral arguments JUST ended, and Elena had all her claws into the Nebraska Solicitor General (with assists from Sotomayor and Jackson).

The government argued vigorously about STANDING and how Myra Brown has no concrete injury. Elena Kagan drove home that point whenever she could, defending her beloved 4th branch.

No question that if this case survive STANDING, it seems almost certain to conclude it's a MQD violation.

Just like the NWS is "in the FHFA's and by extension the public it serves best interests", it seems like it MAYBE in violation of the MQD.

Let's see if the Myra Brown Plaintiff in the student loan forgiveness case has standing AND the SCOTUS elaborates more bright lines on the MQD.

Should be decided this Summer.