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Comment by zeroonetwothree

1 year ago

I don't feel strongly about "activism" being inherently good or bad (and don't agree with all of the outcomes in those cases) but I think your reasoning isn't great. For example:

> In banning Biden's student relief they ignored the text of the law and legislated from the bench just saying that it was unfair because the size was too "significant". Activism.

I think the majority opinion explains this quite clearly: > The HEROES Act, Roberts emphasized, gives the secretary of education the power to “waive or modify” laws and regulations governing the student-loan programs. Congress’s use of the word “modify” means that the Biden administration can make “modest adjustments and additions to existing provisions,” Roberts wrote, “not transform them.” But the debt-relief program, Roberts stressed, instead “created a novel and fundamentally different loan forgiveness program.” The plan “modifies” student-loan laws and regulations, Roberts suggested, “only in the same sense that the French Revolution ‘modified’ the status of the French nobility — it has abolished them and supplanted them with a new regime entirely.” (from scotusblog)