the secretary of education “may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs … as the Secretary deems necessary in connection with a war or other military operation or national emergency.” Because of the Covid-19 pandemic, the White House put forward a plan tofor Americans who make less than $125,000 a year and up to $20,000 for those with outstanding Pell grants.
In this case, Congress passed a law that authorized the secretary of education to forgive student loans. The secretary interpreted the law to allow him to forgive a set amount of student loans.
“very-near-blind-deference” to the executive branch. So, deference when a Republican is in the Oval Office, less so when a Democrat occupies it.Legislating from the bench has happened over and over again in rulings decided by the Supreme Court’s conservative justices.
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