WASHINGTON, March 1 — The skepticism expressed by conservative US Supreme Court justices toward President Joe Biden’s move to forgive US$430 billion (RM1.9 trillion) in student...
WASHINGTON, March 1 — The skepticism expressed by conservative US Supreme Court justices toward President Joe Biden’s move to forgive US$430 billion in student debt not only cast doubt on the plan’s fate but also signaled trouble ahead for the use of executive power to get things done in his remaining time in office.
“If it indicates that it doesn’t think the HEROES Act authority extends to loan forgiveness in this context, this would be a signal that the court intends to constrain future applications of aggressive statutory interpretation by the Biden or successor administrations,” said Andrew Rudalevige, a professor of government at Bowdoin College in Maine.
Presidents of both parties have used executive orders and other unilateral steps when Congress has failed to act as they hoped - sometimes tiptoeing to the very edge, or perhaps beyond that, of encroaching on legislative authority. The court has repeatedly applied to Biden policies the so-called major questions doctrine, a judicial approach that casts a skeptical eye toward far-reaching action by federal agencies deemed lacking clear congressional authorization.
Biden’s plan, announced last August, would forgive up to US$10,000 in federal student debt for Americans making under US$125,000 who took out loans to pay for college and other post-secondary education and US$20,000 for recipients of Pell grants awarded to students from lower-income families. Lublin said the impact on Biden’s future agenda will depend on how the court explains when a president’s administration exceeds its authority under a federal statute or the US Constitution.
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