February 23, 2023
THE EXECUTIVE IS NOT THE LEGISLATIVE:
U.S. Supreme Court's 'major questions' test may doom Biden student debt plan (John Kruzel, 2/23/23, Reuters)
Actually, it's saying: "No, you lack Constitutional authorization."The major questions doctrine gives judges broad discretion to invalidate executive agency actions unless Congress clearly authorized them in legislation. Sohoni said a policy being blocked under the major questions doctrine was like "an agency trying to cash a check and the court saying, 'No, you've got insufficient funds.'"
Posted by Orrin Judd at February 23, 2023 10:36 PM