Will SCOTUS Kill Student Loan Relief?
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The Court's Fixated on Major Questions
I think my biggest issue with the major questions doctrine is that the court has not explained when exactly it does and doesn't apply. Like, there's no objective guide to when a question becomes major enough to trigger this heightened scrutiny. All of the latitude and leeway the court is giving itself to kind of adjust how closely it looks at various executive policies feels to me like if they like it, it's not a major question. And if they don't like it, then it is.
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