ANALYSIS: Major Question—Can Congress Predict the Future?

Oral arguments in Biden v. Nebraska and Dept. of Education v. Brown are set for tomorrow, and the debate over whether the federal student loan forgiveness program is a “major question” is heating up. If the US Supreme Court defines the major questions doctrine as a clear-statement rule in either case when it issues opinions later this term, agencies could face steep burdens to defend their statutory authority in the future.

Burden on the Government? It Is Decidedly So

No matter the outcome, the major questions doctrine will play a role in the opinions for the two cases ...