did the war leave congress in debt

(quoting Utility Air, 573 U. S., at 324). Not this Court, not today. That decline was a direct result of tax cuts that Mr. Bush signed in 2001 and 2003. Opinion of the Court The first statute came out of the Persian Gulf . United States v. Santos, 553 U. S. 507, 514 (2008) (plurality opinion). emissions. "Defaulting on these obligations would raise the cost of borrowing for the government, severely impact the U.S. economy and likely create upheaval in the world's financial markets," wrote Richard A. Arenberg in his textbook titled Congressional Procedure, adding that the "near miss" in 2011 led to a downgrade in the nation's credit rating by Standard & Poor's, which derided "political brinksmanship.". Theyll be on sale soon. Karl Marx argued that revolutions must borrow their poetry from the future because they bring about a world not yet in existence. BIDEN v. NEBRASKA But imagine instead asking the enacting Congress a more pertinent question: "Can the Secretary use his powers to abolish $430 billion in student loans, completely canceling loan balances for 20 million borrowers, as a pandemic winds down to its end?" Which is all well and good, except that under the majority's reasoning, how could it not be? The Defense Department estimated last year that the direct costs for the wars in Iraq, Syria and Afghanistan exceeded $1.6 trillion. 7952-7953 (2003); id., at 20809; 147 Cong. Shortly after the September 11 terrorist attacks, Congress became concerned that borrowers affected by the crisisparticularly those who served in the military-would need additional assistance. 21 As the debt limit is statutory, it could be eliminated just the way it has so often been raised or suspended. Unlike after World War I, the US never really . Facilities Auth., 584 S. W. 2d 73, 76 (Mo. 597 U. S. (2022). Rev. 109, 117 (2010). And in our system, that means refusing to decide cases that are not really cases because the plaintiffs have not suffered concrete injuries. West Virginia, 597 U. S., at (slip op., at 17) (quoting Brown & Williamson, 529 U. S., at 160). That is, the plaintiff must have suffered an injury in facta concrete and imminent harm to a legally protected interest, like property or money-that is fairly traceable to the challenged conduct and likely to be redressed by the lawsuit. And that chapter is not about the statute Congress passed and the President signed, in their representation of many millions of citizens. 460, 464, 147 S. W. 2d 1063, 1064 (1941) (Our constitution recognizes higher education as a governmental function."). 13 If a parent were willing to greenlight a trip that big, we would expect much more clarity than a general instruction "make sure the kids have fun." The dissent "can't believe" the answer would be no. The Authority owns over $1 billion in FFELS. by some public servants-including teachers, members of the Armed Forces, Peace Corps volunteers, law enforcement and corrections officers, firefighters, nurses, and librarians who work in their professions for a minimum number of years. See King. In a letter to President Biden dated August 10, 2021, 47 of the 50 Republican senators announced flatly that "we will not vote to increase the debt ceiling, whether that increase comes through a. All this leads us to conclude that [t]he basic and consequential tradeoffs" inherent in a mass debt cancellation. As the 20th century ended, Americas coffers were flush with tax revenue and light on military obligations, a combination that many leaders thought would hold up well into the future. estimated last year that the direct costs, nonpartisan Congressional Budget Office estimated in 2018. With those one-off statutes in its short-term memory, Congress decided there was a need for a broader and more durable emergency authorization. In the 1990s and early 2000s, this lobby worked to means test access to Chapter 7 the most generous part of the bankruptcy code. 61514. In a further wrinkle, senators are signaling that they may lean the opposite way from House conservatives demanding to go above the debt deals spending caps, not below. 1087(a)(1). And most relevant here, we reaffirmed that "[t]he State does not, by becoming a corporator, identify itself with the corporation" for purposes of litigation. . SUPREME COURT OF THE UNITED STATES But economists in Washington and on Wall Street are warning that failing to raise the debt limit before the government begins shirking its bills as early as June could prove catastrophic. Describing the dire economic situation and the mounting threat of violent resistance to debt collection, Olson announced a moratorium on mortgage foreclosures until May 1. 19-25. Before that, the majority invalidated the CDC's eviction moratorium because the agency had asserted authority far outside its "particular domain." Cite as: 600 U. S. (2023) Southern Democrats used it against anti-lynching laws and repeated attempts to break down segregation. I A It reduced spending on the military, believing it would never have to invest as much in national security as it had when the Soviet Union was a threat. Regardless, lawmakers see the new year as the main pressure point for funding negotiations. Their advocacy organizations also didnt prioritize the issue like 19th century farm bureaus had. "Emergencies, after all, are emergencies," it reasons, and more serious measures" must be expected "in response to more serious problems." The following year, the Voting Rights Act was passed without a filibuster. In some cases, the court's initial skepticism might be overcome by text directly authorizing the agency action or context demonstrating that the agency's interpretation is convincing. 173.386, 173.425. But Congress could trigger the 1 percent across-the-board cut if it funds the government under a temporary spending patch into the new year. So the, 22 2019). Explains the majority: "However broad the meaning of 'waive or modify" meaning however much power Congress gave the, Cite as: 600 U. S. 17 At the same time, top Republicans will have to effectively quash any rebellion from House conservatives who want their party to hold strong on lower spending that Democrats refuse to accept. id., at 383 (Amtrak must be regarded as a Government entity for First Amendment purposes); id., at 392 (Amtrak is a Government entity for purposes of determining the constitutional rights of citizens"); id., at 394 (Amtrak is an instrumentality of the United States for the purpose of individual rights guaranteed against the Government); id., at 397, 399, 400 (similar, similar, and similar). Just as we would expect a parent to give more than a general instruction if she intended to authorize a babysitterled getaway, we also expect Congress to speak clearly if it wishes to assign to an agency decisions of vast 'economic and political significance." "No principle is more fundamental to the judiciary's proper role in our system of government than the constitutional limitation of federal-court jurisdiction to actual cases or controversies." Arming the merchant ships seemed to be just such an issue to the filibustering group whom President Woodrow Wilson immediately condemned as "a little band of willful men." Which is probably why even Missouri has never tried to show that the Secretary's plan will so detrimentally affect the State's borrowers. But these short-lived statutes had long-term consequences, as new generations of debtors looked to the last set of relief measures as proof that government could protect them, especially in times of widespread distress. See 1098ee(4). 2387, 2457 (2003) (Manning). It may also service loans and collect "reasonable fees" for doing so. We have been here before. F. Easterbrook, The Case of the Speluncean Explorers: Revisited, 112 Harv. Brief for Petitioners 52 (Brief for United States). Press Conference, Office of the Speaker of the House (July 28, 2021). He can delay. As just shown, the phrase as a whole says the opposite tells the Secretary that he can make changes along a spectrum, from modest to substantial. Except that this Court now won't let it reap the benefits of that choice. Yet for the reasons that follow, I do not see the major. It, Cite as: 600 U. S. Produced by Rob Szypko , Asthaa Chaturvedi . But it is nothing new for a court to punctuate its conclusion with an additional point, and the major questions doctrine is a good one here. That is inconsistent with the statutory language and past practice under the statute. But this time the House's new Republican majority is largely driven by a faction that says it will hold the debt limit vote as a hostage to win policy changes. That is different from a normative rule that discourages Congress from empowering agencies. See id., at 392. BIDEN v. NEBRASKA And the Secretary is directed to discharge loans for borrowers falsely certified by their schools, borrowers whose schools close down, and borrowers whose schools fail to pay loan proceeds they owe to lenders. Here's a look at the U.S.-led war in Afghanistan, by the numbers, as the Taliban in a lightning offensive take over much of the country before the United States' Aug. 31 deadline for ending its combat role and as the U.S. speeds up American and Afghan evacuations. Democrats have been in the White House for 30 of those years and worked with Congress to get 29 of those increases. But theres a better solution: Abolish the debt ceiling once and for all. The majority instead says that it is theirs to decide. 2, 6). And second, it's all relative. Ante, at 9. In terms of economic fundamentals, prerevolutionary France was in good shape: It had Europes biggest population, thriving agricultural and manufacturing sectors, and an effective tax rate well below that of Great Britain. But for those on Capitol Hill who would threaten a default as a means to compel concessions on policy, the destructive power of default is what makes it makes attractive as a tactic. Because we conclude that the Secretary's plan harms MOHELA and thereby directly injures Missouri-conferring standing on that State we need not consider the other theories of standing raised by the States. Liberty Bonds helped pay for the war but, even more crucially, they measured and produced popular support for it. 549 U. S., at 548 (ROBERTS, C. J., dissenting). KAGAN, J., dissenting What the Secretary has actually done is draft a new section of the Education Act from scratch by "waiving" provisions root and branch and then filling the empty space with radically new text. Soon, Congress raised it again. How does the majority avoid this conclusion? In part because of the popularity and rising costs of programs like Medicare, federal deficits are expected to continue for at least a decade. Id., at 397; see ibid. In response, on this day in 1934, Congress passed the Johnson Debt . Utility Air, 573 U. S., at 324. 1979). 1098bb(a)(1). The harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. The issue there was whether Amtrak, a public corporation similar to MOHELA, had to comply with the First Amendment. This can also be seen as a nod to fiscal conservatives at the time and to those elements of the nation's population either opposed to the war or ambivalent at best. See App. Instead, "modify" carries a connotation of increment or limitation, and must be read to mean to change moderately or in minor fashion. Ibid. The plan specifies particular sums to be forgiven and income-based eligibility requirements. L. Rev. Milestones: 1784-1800 NOTE TO READERS "Milestones in the History of U.S. Foreign Relations" has been retired and is no longer maintained. Presidential Proclamation No. But that just doubles down on the majority's most basic error: extracting "modify" from the "waive or modify" phrase in order to confine the Secretary to making minor changes. 1584. J. Manning, Clear Statement Rules and the Constitution, 110 Colum. Those circumstances were limited to a borrower's death, disability, or bankruptcy; a school's false certification of a borrower or failure to refund loan proceeds as required by law; and a borrower's inability to complete an educational program due to closure of the school. But rather than implicitly granting the Secretary authority to draft new substantive statutory provisions at will, 1098bb(b)(2) simply imposes the, BIDEN U. NEBRASKA City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 624 (1983). Congress in fact drafted a statute saying as much. 360.020, 360.140 (1978); ante, at 9 (suggesting those features matter). B The dissent complains that our application of the major questions doctrine is a "tell" revealing that "normal' statutory interpretation cannot sustain [our] decision." World credit markets depend on this relationship as their baseline. Advertisement Advertisement The debt limit is back. That matters not because agencies are incapable of making highly consequential decisions, but rather because an initiative of this scope, cost, and political salience is not the type that Congress lightly delegates to an agency. KAGAN, J., dissenting Utility Air, 573 U. S., at 324. And as the prospect of government shutdown looms, so does the wilder prospect of the government running out of cash and defaulting on its debt. The rule was adopted after six hours of debate, by a vote of 76 to 3. Nor do they "exercise general legal oversight of the Legislative and. That means when an emergency strikes, the Secretary can alter, so as to cover more people, pre-existing provisions enabling loan discharges. Who knows by next year, the Secretary of Health and Human Services may be found unable to implement the Medicare program under a broad delegation because of his actions' (enormous) "economic impact." There, we held that the Occupational Safety and Health Administration's (OSHA's) authority to ensure safe and healthful working conditions"" did not encompass the power to mandate the vaccination of employees; as we explained, the statute empowered the agency "to set workplace safety standards, not broad public health measures." The statute provides the Secretary with broad authority to give emergency relief to student-loan borrowers, including by altering usual discharge rules. national emergency." App. 93. Opinion of the Court Because if Congress authorizes loan forgiveness, then what of loan forbearance? West Virginia, 597 U. S., at (slip op., at 20). KAGAN, J., dissenting So as the Government concedes, "waiveras used in the HEROES Act-cannot refer to "waiv[ing] loan balances or waiving the obligation to repay" on the part of a borrower. And the Court applies heightened-specificity requirements, thwarting Congress's efforts to ensure adequate responses to unforeseen events. BIDEN U. NEBRASKA The nonpartisan Congressional Budget Office estimated in 2018 that the law would add more than $1.2 trillion to the debt through the 2022 fiscal year, even after accounting for increased economic growth. Both relied on the HEROES Act language cited above. See, e.g., West Virginia, 597 U. S., at (slip op., Id., at 4950. Since 1960, the limit has been lifted 78 times. (War bonds tend to pay lower interest than other government bonds, adding less to the debt.) Over the past century, Congress has repeatedly raised the nations credit limit. See, e.g., Webster's Third New International Dictionary 1952 (2002) (defining "modify" as "to make more temperate and less extreme," "to limit or restrict the meaning of, or to make minor changes in the form or structure of [or] alter without transforming"). During the first year of the pandemic, the Department's Office of General Counsel had issued a memorandum concluding that "the Secretary does not have statutory authority to provide blanket or mass cancellation, compromise, discharge, or forgiveness of student loan principal balances.". I take seriously the charge that the doctrine is inconsistent with textualism. The University had been created by the Arkansas legislature," was "governed by a Board of Trustees appointed by the Governor with consent of the Senate, and report[ed] all of its expenditures to the legislature. Id., at 370. 1098bb(a). Ibid. 19 Substantive canons are rules of construction that advance values external to a statute. A. Barrett, Substantive Canons and Faithful Agency, 90 B. U. L. Rev. Of course, 18th-century France differs from 21st-century America in countless ways. The statute also allowed local courts to extend the time available to borrowers to repay their mortgage debts. The Eighth Circuit issued a nationwide preliminary injunction, and this Court granted certiorari before judgment. 1098bb(a)(1). 1098bb(a)(2)(A), 1098ee(2)(C)(D). (a) The text of the HEROES Act does not authorize the Secretary's loan forgiveness program. Rev. Indeed, the statute accomplishes nothing else. Unlike a tie-breaking rule, a strongform canon counsels a court to strain statutory text to advance a particular value. One is the debt limit. At any rate, "the issue now is not whether [West Virginia] is correct. I write separately to address the States' argument that, under the "major questions doctrine," we can uphold the Secretary of Education's loan cancellation program only if he points to "clear congressional authorization for it. 5 This acknowledged harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. Casualty Reciprocal Exchange v. Missouri Employers Mut. Indeed, other language in the statute makes that substitution authority perfectly clear. So how much would all other aspects of the federal government be cut? TransUnion, 594 U. S., at (slip op., at 7). Beyond causing deaths, the incident leads millions of residents (including many with student loans) to flee the city to escape the radiation. But at least the basic conceit of democracythat people elect leaders to act in their name and for their benefitallows for the possibility of change. But none of that is enough. Emboldened, the. hot or divisive. That the statute at issue involved government benefits made no difference in King, and it makes no difference here. In truth, the federal governments financial situation is far better than that of the fictional homeowner who can borrow for nothing. The majority rejoins that the in lieu, Cite as: 600 U. S. Then, as in this case, the Court reads statutes unnaturally, seeking to cabin their evident scope. National Federation of Independent Business v. OSHA is of a piece. 165, OSHA, Interim Final Rule: Covid-19 Vaccination and Testing, 20 F. 4th 264, 272 (CA6 2021) (Sutton, C. J., dissenting from denial of initial hearing en banc). But both times, the party in office arranged to raise the limit as much as was necessary. "A decision of such magnitude and consequence on a matter of earnest and profound debate across the country"" must "res[t] with Congress itself, or an agency acting pursuant to a clear delegation from that representative body." The majority claims it is not deciding whether that action was lawful. But in doing so, the majority barely addresses MOHELA's separate corporate identity, its financial independence, and its distinct legal rights. And in the HEROES Act, the dominant piece of context is that "modify" does not stand alone. WASHINGTON Americas debt is now six times what it was at the start of the 21st century. 66 The Court reached a similar conclusion 70 years ago in Arkansas v. Texas, 346 U. S. 368. So in a case not a case, the majority overrides the combined judgment of the Legislative and Executive Branches, with the consequence of eliminating loan forgiveness for 43 million Americans. Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. (2020) (slip op., at 16). 108-122, pp. Post, at 15 (BARRETT, J., concurring). Jim Tankersley is a White House correspondent with a focus on economic policy. The statute Congress enacted gives the Secretary broad authority to respond to national emergencies. We have also been [s]keptical of mismatches" between broad "invocations of power by agencies" and relatively narrow "statutes that purport to delegate that power." Two key elements of procedure will feature in the showdown over funding the government: the debt limit and a key Senate rule governing debate. Outstanding federal student loans now total $1.6 trillion extended to 43 million borrowers. BIDEN v. NEBRASKA MCI, 512 U. S., at 234. Pp. Id., at 54. Since 1960, the limit has been lifted 78 times . Ante, at 23.) So the availability of the pause can hardly provide a basis for the majority's questioning of the Secretary's finding that cancellation is necessary. Doesn't it depend on the nature and scope of the pandemic, and on a host of other foreseeable and unforeseeable factors? But the Court forbids him to proceed. When COVID struck, Secretary DeVos immediately suspended loan repayments and interest accrual for all federally held student loans. But when it kicks in, the Secretary can take exceptional measures. If, by contrast, one parent left the children with the other parent for the weekend, we would view the same trip differently because the parents share authority over the children. We agree. The majority itself must ultimately concede that point. "The whole point of the HEROES Act, the Government contends, is to ensure that in the face of a national emergency that is causing financial harm to borrowers, the Secretary can do something." 2(a)(1), 115 Stat. The plan's harm to MOHELA is also a harm to Missouri. Upon receiving this new opinion, the Secretary issued his proposal to cancel student debt under the HEROES Act. It is about meeting the cost of existing commitments the government has already made. But the statute's greater coverage came with no sacrifice of potency. And again. 2019) (giving the first definition of "modify" as "[t]o make somewhat different; to make small changes to, and the second as [t]o make more moderate or less sweeping"). 28 So Arkansas had the sort of direct financial interest not present here. The injury to MOHELA thus does not entitle Missouri-under our normal standing rules-to go to court. See id., at 3-4. The statute, we observed, was a "wafer-thin reed" that could not support the assertion of "such sweeping power. Id., at (slip op., at 7). parts. In sum, the Secretary's comprehensive debt cancellation plan is not a waiver because it augments and expands existing provisions dramatically. (2023) But Congress had already limited borrower liability in such cases to exclude overpayments in amounts up to "50 percent of the total grant assistance received by the student" for the period at issue, so the Secretary's waiver had only a modest effect. Lebron v. National Railroad Passenger Corporation, 513 U. S. 374, 397. The dot-com bubble burst, cutting into tax revenue. FDA v. Brown & Williamson Tobacco Corp., 529 U. S. 120, 133 (2000). Syllabus No prior limitation on loan forgiveness is left standing. In our system, "[f]ederal courts do not possess a roving commission to publicly opine on every legal question." BIDEN v. NEBRASKA National Defense Education Act of 1958, 72 Stat. Labeling the Secretary's plan a mere modification" does not lessen its effect, which is in essence to allow the Secretary unfettered discretion to cancel student loans. You can see the problem. And because, as explained above, MOHELA was set up (as corporations typically are) to insulate its creator from such derivative harm, Missouri is incapable of making that showing. Ibid. He could "waive or modify any statutory or regulatory provision" applying to federal student-loan programs, including provisions relating to loan repayment and forgiveness. Once again, Brown & Williamson is a good example. Utility Air, 573 U. S., at 324. The major questions doctrine reinforces that conclusion but is not necessary to it. Because the Secretary "does not have to leave gaping holes" when he waives provisions, the argument runs, it follows that any replacement terms the Secretary uses to fill those holes must be lawful. The majority says yes. Other debtors pursued similar ends through less violent means. BIDEN v. NEBRASKA
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