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Affirmative Retraction

Talking Feds

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The Major Questions Doctrine

The major question doctrine argues that in circumstances where there is a question of high political salience, the court gets to decide. In this particular case involving the student loans, the executive at the Department of Education acted pursuant to the Heroes Act. The court essentially said in acting pursuant to the HEROES Act by relieving individuals with student loan debt of their loans, forgiving them. It means that in the future, if Congress wants to provide any kind of wherewithal for administrative agencies to act, they have to be really specific and who knows what the court will find to be of high salience?

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