By: Shawn M. Flynn and Jared J. Roberts In a recent October 2022 Washington Times article, Binnall Law Group correctly predicted that federal courts would halt the Biden Student Loan Forgiveness plan. Specifically, the article argued that courts should be skeptical of the plan because it is a major question, requiring the approval of Congress rather than authorization solely by the Secretary of Education. The Major Questions Doctrine, developed over the last several decades by the Supreme Court, requires that Congress approve of agency actions of vast political or economic significance. The article argued that the student loan forgiveness plan implicates […]
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