Comment by bonsai_spool
5 days ago
> Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled
Very respectfully, there is no comparison between Trump and Biden in this respect. Indeed, the court adopted a new legal concept, the Major Questions Doctrine, to limit Biden continuing the Trump student loan forbearance.
The Major Questions Doctrine has been a thing for decades:
https://en.wikipedia.org/wiki/Major_questions_doctrine
> The Major Questions Doctrine has been a thing for decades:
> https://en.wikipedia.org/wiki/Major_questions_doctrine
I've read the Wikipedia page before and also reviewed it before posting, but thanks for your insightful analysis.
Care to share when it was used in the majority before the current Roberts court?
Well, at this point the Roberts court has been a thing for decades so I’m not sure what distinction you’re driving at.
FDA v. Brown & Williamson Tobacco Corp. is an example of the same principle without the name (afaik it wasn’t named that until later.)
Basically the FDA tried to use its powers to regulate drugs and devices to regulate nicotine (drug) via cigarettes (device.) The conservatives on the court said, in effect, “look obviously congress didn’t intend to include cigarettes as a medical device, come on.”
Then Congress passed a specific law allowing the FDA to regulate cigarettes. This is how it should work. If congress means something that’s a stretch, they should say so specifically.
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