, however, it could easily become an ever-shifting legal policy that expands to fit whatever government program the 6-3 conservative majority of the court wishes to end.The growing elasticity of the “major questions” doctrine was on full display Tuesday, as several of the conservative justices picked up the popular online retort that loan forgiveness is somehow “unfair” because some people have already paid off their student loans and others chose not to take out such loans at all .
Having laid out his extremely weird hypothetical, Roberts then asked, “Why isn’t [fairness] a factor that should enter into our consideration under the ‘major questions’ doctrine?” Under the doctrine, he added, “we look at things a little more strictly than we might otherwise … to make sure that this is something that Congress would have contemplated.”
This was a newly expanded version of the doctrine. Moving beyond looking “more strictly” for “clear congressional authorization,” which was the focus of the test as of June, Roberts and friends suggested Tuesday that the strict look in a “major questions” challenge can apparently go in any direction — including whether a majority of the court thinks the administration’s action is “fair.”
“It was fair because, in the absence of this relief, it’s undisputed that there are going to be millions of student loan borrowers who are not going to be able to pay their student loans,” Prelogar said before Alito began trying to interject again. However, she continued, noting that, without this action, affected borrowers would most likely go into default on these loans.
This is the road to SCOTUS becoming the power branch. They will decide what they want the country to look like. They will also answer to no one.
.chrisgeidner O so conservative could end something, but liberals have ended nothing? drilling mining We have over 80 programs and many overlap, why can't we end the overlap and save taxpayers some $$$$$
You would be illegally defrauding the taxpayer if you took our tax money and loaned it to people with the expectation of paying it back and then decided not to get our money back. They knew the risk and decided to get a loan to waste on useless college degrees
The changed from a thinking body whose aim is to reach the highest truth, to a policy making body.
Student loan forgiveness is unconstitutional. Also just plain unfair. If you don't agree then how about help me pay for a new Cadillac?
So a 20 year old law designed and targeted for military and first responders during war was CLEARLY INTENDED by lawmakers at the time to broadly forgive student debt in 2023? That’s probably a major question.
'growing elasticity' of the so-called major questions 'doctrine' sounds as if rule of law is being stretched on the rack--almost as if the majority is saying 'abandoning the ordeal in the 12th century was way too woke, we're subjecting rule of law itself to trial by ordeal now'
No such thing as a conservative justice, only justices who cherish the constitution vs the liberal hacks who want to destroy the constitution.
Pres. Biden's student loan forgiveness program is of the major economic impact category. Therefore, conservative SCOTUS will require Biden to anchor it securely to clear congressional authorization. The GOP argues that Biden can't anchor it. Dems fear more of this in the future.
Which is exactly what the liberal majority did for years
SCOTUSIsCorrupt
I’m not here to pay for your kids college. Do it yourself and pay back your F loan
The old 'catch all' clause!
'flimsy new doctrine' It's called the Constitution, and it's not new.
Good! I hope they use it to knock out a lot of these stupid leftist socialist subsidies and start bringing the deficit down to match the revenue
'Fairness?' Beyond ridiculous. So forced child baring is 'fair' without laws that force men 2 share childcare & financial responsibilities? They'll say 'take him 2 court' which places another financial burden on women. Is it 'fair' 2 take away a right women have had for 50 yrs?
Yhe constitution isn't new.
Democrats: the constitution is a living document, we can change it if we want! Also Democrats: The Republicans think they can just change government programs they don't like! 🤡🤡🤡🤡🤡
Garbage article -MSNBC sucks
News for ass clowns
Does anyone have the number of them owned by foreign or domestic groups or by both
If government can forgive PPP loans the they can forgive student loans.
That's so awesome!
Why does DNCMEDIA have twitter page since most of their comments gets shadow banned by fascists and never seen again.
The law contains the word 'any'. Any means any. ANY modification or waiver. Explicitly no limit. If congress wanted a limit, they could/should/would have wrote 'not to exceed $1/2 billion'
Student loans should not be ditched by Harvard grads and dumped on to low income families.
Democrats hate America.
This is all very complicated but if I understand the conversation our SCOTUS doesn’t have a code of ethics? Is our constitution just words that are filled with loopholes designed to protect the power of the party in power. People do what they want and claim executive privilege?
If only they hadn’t broken the trust.
let them, and in 20 years they'll be regretting their decision when the debt is quadruple what it is now and taxpayers will REALLY be crying.
When you having your anti war/pro peace rally?
Please disband this court — it’s so corrupt and bias and bought it’s horrifying
Any comment on Ann Coulter's latest column?
The Court’s conservative majority ate the major problem
Expand the number for qualified judges by 4 more.
IllegitimateSCOTUS ExpandTheCourt
Yes, we're not forgiving them. Period.
'Major Questions' is completely made up. Fabricated.
Vice President Biden told reporters that he has no plans to visit East Palestine, Ohio, and pointed to a 'whole video Zoom' that he conducted on the train derailment. I'm off to my cottage to supervise the extention of the 20 ft Wall. Man... it keep these illegals out
Is it called “Sanity”?
The “major questions” used by the Supreme Court is just another excuse NOT to be impartial to the current president’s bills.
SCOTUSisCorrupt
SCOTUS sitting bench a disgrace.
Lol. You mean the constitution! That old out dated scrap of paper you seem to ignore and hate.
They don't need to use the Major Questions Doctrine to strike down the program. The Appropriations Clause is enough. If Biden wants $400 billion to pay off student loans then he needs to get it from Congress.
They were appointed for life, it’s time to change that! These men and women are human, some are easily corrupted, untrustworthy, greedy while thinking they are above the law. Can the Supreme Court really be unbiased?
Democrats have set many New Precedents that will haunt them for years to come.
Roberts legacy pretty ugly
These corrupt judges as to go
SCOTUSblog Is out of control! They’re no longer impartial! They’re totally politically focused on their own agenda & must be dismissed from the bench! OverhaulSCOTUS ElectBYThePEOPLE SevenYearTermLimits NoMoreThanThreeTerms ThomasAlitoKavanaughOut
Chris Geidner has zero background or education in constitutional law.
I don't understand why this president can't forgive loans and tfg forgave PPP loans?
The constitution isn't a doctrine!
Sure, then I expect all the PPP loan forgiveness to be returned as well.
Where is the FAIRNESS in congress rewriting Bankruptcy Laws that make student loans the ONLY CLASS OF DEBT that can NOT be discharged? Every other type of debt can be Wiped away by the stroke of a Judges pen EXCEPT STUDENT LOANS.
Is there any reason why Biden can't increase the Supreme Court? 🤔
Liberal media big mad the conservatives in the Supreme Court are using the Constitution to halt Bidens overreach
I read the article and there’s nothing new in MSNBC’s evaluation of the topic. They’re still partisan hucksters and journalistic hacks.
Democrats never happy when things dont go their way. I guess you want to change a rule now
God's Justices who overturned Roe v Wade... Need to take it up with Him. 🙏❤️🔥✝️
We have got to expand the supreme court!! These partisan hacks are literally ruining lives!
Considering that Democrats would do the same exact thing if they had the chance, do you think MSNBC is being hypocritical?
The Doctrine of What We Say Goes? Awesome. SCOTUSTERMLIMITS
GREAT
If only there was an older doctrine that liberals didn't consider obsolete and racist... oh well.
A “new doctrine” called the Constitution
It's called the 'constitution', and it's not really that new. But keep crying.
'new doctrine' Are you referring to the Constitution, because that ain't new?
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