The conservative majority is sceptical of the $400bn-plus programme—but there’s a hitch
All of these moves faced legal challenges, though Mr Obama and Mr Trump squeaked out majorities at the Supreme Court to keep their programmes intact. Mr Biden has had less success. In 2021 and 2022 the justices struck down his federal eviction moratorium and athat would have applied to 84m employees. On February 28th a pair of oral arguments suggests the majority is inclined to put his student-debt plan on the chopping block, too.
Several justices balked at the $400bn-plus price tag. Invoking a principle known as the “major questions doctrine”, Chief Justice Roberts and Justice Samuel Alito suggested to Elizabeth Prelogar, Mr Biden’s solicitor-general, that such spending should be specifically authorised by Congress. As a policy with “vast economic or political significance”, James Campbell, Nebraska’s solicitor-general, said, it is not a move the executive branch should undertake on its own.
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