Opinion by Ruth Marcus: The Supreme Court’s student loan case tests a president’s powers
A president, invoking broad emergency powers after legislative efforts fail, adopts a program that will cost billions. The administration then argues that its action isn’t subject to court review.It is, actually. Back in 2019, Donald Trump demanded that Congress appropriate nearly $6 billion to build his border wall. When lawmakers coughed up only about $1.
Maybe that’s right; maybe it’s wrong. Certainly, there’s a distinction between redirecting funds that Congress has already appropriated, as Trump did in the case of the wall, and implementing a policy change that, because of the large sums involved in the student loan program, has enormous financial consequences.on emergency authorities to sidestep Congress and implement policy changes.
That seems right as a question of law — and standing isn’t an issue on which the administration or a court can choose to look the other way. It has to be present for the case to proceed. But this hurdle is problematic as a matter of policy.
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