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Friday, 03/03/2023 10:51:30 PM

Friday, March 03, 2023 10:51:30 PM

Post# of 790517
"Although the Court has, for the last several decades, taken a very lenient approach towards executive-branch power, last year, in West Virginia v. Environmental Protection Agency, it signaled a return to an older, Originalist constitutional interpretation in ruling that, on “major questions” of public policy, the executive branch needs clear congressional approval before acting.

Trying to head off that line of reasoning, Solicitor General Prelogar suggested that the “major questions” doctrine should apply when the executive branch is acting in a way that affects people’s rights, but not when it’s just a matter of money. That argument, however, didn’t seem to sway the justices. Spending billions of dollars is a “major question,” since money spent on student-loan forgiveness cannot be spent on other things.

Chief Justice John Roberts responded to Prelogar’s idea by saying, “We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse.” That sentence sounds like the basis for a majority opinion.

Similarly unimpressed with the argument for leaving student-loan cancellation in the hands of the executive branch was Justice Neil Gorsuch, who said, “I understand the Secretary of Education has considerable expertise when it comes to educational affairs, but in terms of macroeconomic policy, do we normally assume that a cabinet member has that kind of knowledge?” The answer, of course, is “no,” and that it is up to Congress to make laws that have macroeconomic implications."

https://www.jamesgmartin.center/2023/03/the-supreme-court-hears-arguments-in-the-challenge-to-bidens-student-loan-giveaway/