FrumCA

Justice Brett Kavanaugh, weighing in on Supreme Court arguments over the Biden administration's massive student debt relief plan, argued some of the judiciary's "finest moments" were when courts pushed back on presidential emergency powers.

The Biden administration contends that the national emergency caused by the coronavirus pandemic, along with the economic disturbance it created, justifies the Department of Education canceling student loans for millions of borrowers. But Kavanaugh's admission signaled an ominous sign for Biden's plan, as the justice claimed the nation's "biggest mistakes" arose from assertions of executive emergency power.

Kavanaugh asked the defender of the plan, Justice Department Solicitor General Elizabeth Prelogar, about "how we should think about our role in assertion of presidential emergency power, given the court's history."

"Some of the biggest mistakes in the court's history were deferring to assertions of executive or emergency power," Kavanaugh said. "Some of the finest moments in the court's history were pushing back against presidential assertions of emergency power, and that's continued not just in the Korean War but post-9/11, in some of the cases there."

Prelogar repeated an answer she offered earlier during arguments, saying there is a clear distinction between executive action that regulates conduct and an action that handles distributing government benefits.

Kavanaugh, a member of the majority in the 6-3 Republican-appointed high court, was also in the majority on an opinion that struck down the Biden administration's requirement for large businesses to enforce a vaccine-or-test protocol last year.

And months before, in August 2021, the Supreme Court's conservative majority blocked the Biden administration's pause on evictions meant to provide protections to renters during the pandemic.

The termination of the eviction moratorium served as a precursor to the high court's observance of the so-called major questions doctrine, which posits that if an agency works in a way that could have major political or economic implications, it must request the authority of Congress.

The eviction moratorium case did not receive a full hearing before the nine justices but has been cited by opponents of Biden's sweeping debt relief plan.

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” according to an unsigned order by the high court at the time. The liberals on the court at the time dissented from the majority's decision.

The exchange with Kavanaugh took place in Nebraska v. Biden, the first of two challenges to Biden's student debt relief plan.
https://www.msn.com/en-us/news/politics/kavanaugh-says-supreme-court-s-finest-moments-are-blocking-presidents-in-ominous-sign-for-biden/ar-AA183gGh?ocid=msedgdhp&pc=W129&cvid=56d1e790ce48484286ad04c6ea7daa0c&ei=4

tramsey Loc: Texas

I don't think forgiving student debit is a good idea, instead the loans should be interest/penalty free

jcs Loc: USA

Great idea.
I'll repay mine @ $1.00 per year and then deduct it from my taxes as a "business" expense .lol

InfiniteISO Loc: The Carolinas, USA

Isn't that the same thing as loan forgiveness, LOL.

bob44044 Loc: Ohio

It's their loan and I should not have to pay it.

lbrande

What burns me is that none of the loan forgiveness applies to Parent Plus loans.

DennyT Loc: Central Missouri woods

To me it us simply that “ you borrow money - you pay it back “ or face the consequences such as bankruptcy.
I see no no positive good in student loans foregiveness. It’s nothing more than a end around run to put money into the economy .

Btw roberts is touching on the same thing . - to much power - that constitutionally belongs to congress- has been ceded to the president OR ASSUMED by the president:

https://reason.com/2023/03/01/john-roberts-likens-bidens-executive-action-on-student-loans-to-trumps-executive-action-on-immigration/