The Major Questions Doctrine in P...
The Major Questions Doctrine in Practice

Administrative Remedies by Gwendolyn Savitz and Marc Roark

Episode notes

Picking up where they left off, Gwen and Marc turn to the two competing versions of the Major Questions Doctrine: the weak, interpretive version and the strong version that demands near-microscopic specificity. And to show how these versions operate in real life, they walk straight into the blockbuster 2023 case Biden v. Nebraska, where the Supreme Court struck down the administration’s student-loan forgiveness plan.

The statutory text seemed generous: the Secretary could “waive or modify” student-loan provisions during a national emergency. COVID was a national emergency. Waive means eliminate. Modify means change. Yet the Court said that forgiving $430 billion in loans for 43 million borrowers was simply too major — and that even broad, literal statutory text wasn’t clear enough. Marc both appreciate Roberts’s now-famous ... 

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Keywords
Major Questions DoctrineBiden v. NebraskaEmergency PowersSeparation of PowersClear Statement Rules