Commentary
Earlier this year, the Supreme Court heard oral arguments in two cases that will determine whether President Joe Biden’s plan to forgive student loan debt will go forward. Despite arguments from the left, it’s clear that the president lacks the authority to unilaterally cancel almost one-half trillion dollars in debt.
Under our constitutional system, the president can only issue rules having enormous economic and political consequences when Congress has expressly authorized him to do so. This “major questions doctrine” ensures separation of powers and preserves the legislative authority of Congress. Because Congress never expressly authorized the student loan forgiveness plan, the president acted improperly, and the plan should be declared invalid….