Conservative SCOTUS justices are using a new doctrine as a tool to tank Biden administration policies they simply don't like.
, however, it could easily become an ever-shifting legal policy that expands to fit whatever government program the 6-3 conservative majority of the court wishes to end.The growing elasticity of the “major questions” doctrine was on full display Tuesday, as several of the conservative justices picked up the popular online retort that loan forgiveness is somehow “unfair” because some people have already paid off their student loans and others chose not to take out such loans at all .
Having laid out his extremely weird hypothetical, Roberts then asked, “Why isn’t [fairness] a factor that should enter into our consideration under the ‘major questions’ doctrine?” Under the doctrine, he added, “we look at things a little more strictly than we might otherwise … to make sure that this is something that Congress would have contemplated.”
This was a newly expanded version of the doctrine. Moving beyond looking “more strictly” for “clear congressional authorization,” which was the focus of the test as of June, Roberts and friends suggested Tuesday that the strict look in a “major questions” challenge can apparently go in any direction — including whether a majority of the court thinks the administration’s action is “fair.”
“It was fair because, in the absence of this relief, it’s undisputed that there are going to be millions of student loan borrowers who are not going to be able to pay their student loans,” Prelogar said before Alito began trying to interject again. However, she continued, noting that, without this action, affected borrowers would most likely go into default on these loans.
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