Discussion 2

500 word response 2 references/intext citations

Due 1/15/2025

Major Question Doctrine

A recent and critically important administrative law doctrine is being established by the US Supreme Court over the last 5 years culminating in the case of  Biden v. Nebraska site.  where the high court struck down the US Department of Education's regulations forging portions of their student loan debt.  Here is some commentary on the "Major Questions Doctrine" as to its application to the student loan case decision:

https://jacobin.com/2023/08/supreme-court-debt-relief-major-questions-doctrine-congress-executive-branch-democracy

This major question doctrine can be articulated here   Major Questions Doctrine.pdf

This major question doctrine was solidified within case law in the landmark USSCT decision in  West Virginia v. EPA (2022) found in our textbook on page 548  It explains in detail a "major question" and how that preempts an administrative agency's decision making on a certain topic/issue. 

1. Explain the "Major Question Doctrine" in your own words and explain if this new doctrine swallows up the "rule" that administrative agencies are given great deference in their decisions on interpretations and implementations of the legislative acts; and

2. Would it be ethical for the US Department of Education to continue its attempts for such loan forgiveness regulations?  Pick one of the below ethical theories assigned to the first letter of your last name (Ethical Relativism), explain it, then apply it to the facts of this case and conclude under it if it is moral/ethical to forgive such student loans?  You will have to do some independent research on each of the below ethical theories online to learn about them and how they work.

https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf

https://jacobin.com/2023/08/supreme-court-debt-relief-major-questions-doctrine-congress-executive-branch-democracy

https://nsu.instructure.com/courses/2537371/files/150681933/download?download_frd=1

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668695