As the Supreme Court weighed the future of President Joe Biden’s student debt relief program, the right-wing justices brought up the same “doctrine” they nearly always do during questions of agency power: the major questions doctrine.
SC to SLs…pay up
Don’t worry. As soon as there’s a Republican in the White House and Congress is in Democratic hands, the court will forget all about this major questions doctrine and return to the theory of the unitary executive!
Thanks again, Jill. Way to go, Susan. Big high-fives for every single Berner angry that mean old democracy didn’t give them what they wanted in 2016 who dismissed my pleas for them to consider that control of the courts for a generation was at stake as “scaremongering.”
These efforts to limit or eliminate the power of agencies to protect the public go at least as far back as Saint Ronnie. He was hired to increase defense spending, limit or get rid of federal agencies, and cut corporate taxes.
What he did is to staff the agencies with incompetents to effectively sabotage them. Ditto for Bush The Elder.
They tend not to mention that, in the process of shackling the rampaging executive branch, they’re appropriating an awful lot of power to themselves.
Well, they do see themselves as “Supreme” in more than just name, after all…
Is it just Biden? Or would they vote against a Republican president who (I know; fantasy) wanted to do something about climate change, for example? Sure, Alito and Thomas would, but the others? Amy and Brett have young children and they’re horrible but not stupid.
Hard Agree, fortunately save for a few dead-enders most have seen the light but HATE admitting it.
Ultimately the whole movement was actually a religious one and not a political one.
They tend not to mention that, in the process of shackling the rampaging executive branch, they’re appropriating an awful lot of power to themselves.
Excellent point.
The Court has too few Justices with too much power.
Who’s hurt? Doesn’t somebody have to be hurt for there to be a tortious claim? I don’t f****** get it anymore. I don’t get it at all.
The last sentence in the article,
“They tend not to mention that, in the process of shackling the rampaging executive branch, they’re appropriating an awful lot of power to themselves.”
This is really the key point, who do you want making decisions on everyday policy, elected politicians who run for office every 2 to 6 years or un-elected judges applying subjective standards appointed for life by presidents who lose the popular vote?
If that Republican wanted to privatize the sun, they would go along with it. This is just too much to give Biden, since of course no one’s rights are being violated under these emergency powers. Note the SC simply doesn’t bother to engage with who is being harmed by this action–whose rights are being trampled (see: Bush II and “enemy combatants”; Trump and immigration restrictions). That’s because no one’s are. This is about telling a Democratic president to stuff it.
“A major part of the case: whether the red states behind the challenge have the legal right, or ‘standing’ to bring the dispute in the first place. The concept of standing is one that requires a party to establish an actual or imminent injury to get into court.”
SCOTUS: “How does forgiving student loans result in ‘actual or imminent injury’ to you?”
Sad Pink Men: “It helps people who aren’t US!”
SCOTUS (Hastily): “Court rules for the plaintiffs.”
Bush the Lesser staffed the agencies with party aparatchiks that had spent their careers working to undermine those self-same agencies. TDFG, with advice from Leonard Leo and his boys did likewise.
More judicial Calvinball. And as noted they’re selectively taking on the powers reserved to the Congress and Executive. Of course they’ll whitewash it with their “well Congress could pass a new law.”
But within this insane environment, I do think the standing issue is the strongest branch favoring not granting relief. Does even this Court really want to establish a higher level state nullification process, where you get to go to the Court and have them throw out any Federal law or action just because you don’t like it?
Because if that’s going to be the case, there are a lot of laws more liberal states would like to challenge.
Not that this corrupted Court would apply their own precedents the same way, as we’ve already seen.
I don’t think they’re worried about what kind of world they leave their children.
Two of the Good Folks
One who let Turtle block his pick
One who held on too long
tragically played a part
Sounds like a good opportunity for Biden to say that he doesn’t agree with the court ruling and proceed with the forgiveness anyways.
I’m growing really fucking tired of the GOP and their enablers passing laws to expand executive power when they’re in charge, then deciding to rein it back when a Dem gets elected.
The GOP controlled Congress passed this god-damned law & GOP hack dubya signed the damn thing. Here we are 20 years later and suddenly the DEM executive branch has to much power when they try to use the law?
It’s fucking tiring man.