In the student loan case, the 6-3 conservative majority, including Barrett, concluded that the student loan law in question did not give the secretary of education the power to cancel broad swaths of loans.
“Though this grant of apple-purchasing authority sounds unqualified, a reasonable clerk would know that there are limits,” she wrote.
“For example, if the grocer usually keeps 200 apples on hand, the clerk does not have actual authority to buy 1,000 – the grocer would have spoken more directly if she meant to authorize such an out-of-the-ordinary purchase,” Barrett wrote.
“In my view, the major questions doctrine grows out of these same commonsense principles of communication,” Barrett wrote.
““The broadly worded ‘waive or modify; delegation IS the HEROES Act, not some tucked away ancillary provision,” Kagan wrote, referring to the relevant student loan program statute.
Persons:
Amy Coney Barrett, Joe Biden’s, –, Barrett, “, ”, ” Barrett, ” “, Justice Elena Kagan, Kagan, ” Kagan, BARRETT, BARRETT’s
Organizations:
CNN, Supreme Court
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