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Notes -
I sense that you think I am implying that the student loan case was wrongly decided. I don’t. (But note that the majority did not rest its holding on the major questions doctrine. As Barrett says in the opening to her concurrence, "I join the Court’s opinion in full. I write separately to address the States’ argument that, under the “major questions doctrine,” we can uphold the Secretary of Education’s loan cancellation program only if he points to “‘clear congressional authorization’” for it. West Virginia v. EPA, 597 U. S. ___, ___ (2022) (slip op., at 19). In this case, the Court applies the ordinary tools of statutory interpretation to conclude that the HEROES Act does not authorize the Secretary’s plan. Ante, at 12–18. The major questions doctrine reinforces that conclusion but is not necessary to it. Ante, at 25.). And FWIW, the major questions doctrine makes sense to me, but I am open to changing my mind, and I have no opinion re its application to the student loan issue.
As I understand it, the law in question did not explicitly permit a particular amount of loan forgiveness at all. Which is one reason why it is unclear why Barrett finds the babysitter's action unreasonable. If it had been, one might surmise that she objects to the expense involved in the trip. But, of course, most major questions cases I know of relate to the scope of permissible regulation, and not to extent of expenditures.
Edit: The issue addressed by the majority was whether the power to "waive or modify" included the power to "cancel."
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