A sharply divided Supreme Court has ruled that the Biden administration overstepped its authority in trying to cancel or reduce student loan debts for millions of Americans.
There’s also the doctrine that “Congress does not hide elephants in mouse holes”. It’s much like the idea of minting a trillion dollar coin to pay for America’s debt, which a lot of people were similarly enthusiastic about, but many others warned won’t pass judicial review. Over the years, Congress has passed a ton of buggy legislation that can be interpreted as delegating crazy amounts of powers to the executive. There is also a long history of the SC pushing back against executive attempts to exploit poorly worded legislation.
There’s also the doctrine that “Congress does not hide elephants in mouse holes”. It’s much like the idea of minting a trillion dollar coin to pay for America’s debt, which a lot of people were similarly enthusiastic about, but many others warned won’t pass judicial review. Over the years, Congress has passed a ton of buggy legislation that can be interpreted as delegating crazy amounts of powers to the executive. There is also a long history of the SC pushing back against executive attempts to exploit poorly worded legislation.