Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, raged against the court’s ruling and the broader trend of decisions from the conservative majority that limited executive branch discretion under a legal doctrine known as the “major questions doctrine.” “Among Congress’s most important authorities is its control of the purse,” he added.
Roberts said it amounted to the executive “seizing the power of the Legislature.” Roberts wrote: “The economic and political significance of the Secretary’s action is staggering by any measure.” The ruling is “another expansion of the so-called ‘major questions doctrine,’ which allows federal judges to strike down any federal policy of ‘economic or political significance’ because Congress wasn’t sufficiently clear in authorizing the policy,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. ‘Major questions doctrine’ and executive power He argued the relief program was necessary in order to avoid a surge in defaults or delinquencies for those impacted by Covid who have outstanding loans. The plan would have assisted borrowers who make less than $125,000 a year ($250,000 for households) in 2020 or 2021. The White House has said that it received 26 million applications to the program before a lower court in Texas issued a nationwide injunction in November, and that 16 million of those applications had been approved for relief. Monthly payment obligations that were paused during the Covid-19 pandemic will be due starting in October. The court’s decision means that borrowers targeted by Biden’s plan will receive no relief. She accused the court of “once again” substituting “itself for Congress and the Executive Branch – and the hundreds of millions of people they represent – in making this Nation’s most important, as well as most contested, policy decisions.” “The Court acts as though it is an arbiter of political and policy disputes, rather than of cases and controversies,” Justice Elena Kagan wrote. The liberal dissenters said the majority is basically making political decisions. “The question here is not whether something should be done it is who has the authority to do it.” Roberts said the government needed direct authorization from Congress. The White House sought to use the HEROES Act authority to waive the debt. “However broad the meaning of ‘waive or modify,’ that language cannot authorize the kind of exhaustive rewriting of the statute that has taken place here.” “The Secretary’s comprehensive debt cancellation plan cannot fairly be called a waiver – it not only nullifies existing provisions, but augments and expands them dramatically,” Roberts wrote.
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