Supreme Court Justices Go Head-to-Head in Wild Dissents

With the dissents that they issued in the past few days, the liberal wing has made a strong statement.

We saw in the affirmative action case that the liberals were forced to twist themselves into pretzels to avoid the fact that they were arguing for race equality while also claiming to oppose racial stereotyping and discrimination.

On the Friday before last, the liberal judges were forced to turn themselves inside out and upside down when it came to Christian Website Design and Student Loan Decisions.

In our report about the Christian website case, Justice Sotomayor wrote that “a system of racism created a climate where LGBT people felt insecure.” According to this logic, can you force someone to make a website to promote gay marriage even if that goes against their religious beliefs? This was an odd argument.

It wasn’t bad enough. But then, Justice Elena Kagan challenged her colleagues in her opinion to the most fervent dissent on the student loan question.

In its majority opinion, the SCOTUS acknowledged that Nancy Pelosi had not been given the authority by Joe Biden to waive his magic hand and erase all student loans. It was a nice touch.

Joe Biden issued an executive order to this effect in August 2022, before the election, hoping to influence election results despite not having the authority to do so. He was also aware that the Supreme Court would overturn it. The Court rejected the request, saying that it exceeded the limitations of the Act’s emergency modifications.

The Secretary’s Plan “modified” the provisions only in the same way that the French Revolution “modified”, the status of French nobility. Roberts wrote that the plan “has abolished them and replaced them with an entirely new regime”. He was referring to Miguel Cardona, the U.S. Secretary of Education. [….]

Roberts said that “from the few clearly defined circumstances by Congress, he expanded forgiveness to nearly every borrower in the country. ”

Yes. Biden can’t create new powers by a stroke. He knows he won’t be able to get the same thing passed through Congress, as required by the Constitution.

What did Kagan actually do? Kagan invented the most absurd hypothetical situation to justify Biden’s unconstitutional actions.

Congress designed the HEROES Act to give him this power.

Talk about a wild excuse; that one certainly takes the cake. I’m not even sure she understands what she’s arguing there since that wasn’t the case, and it shows in even more stark relief how the situation with COVID doesn’t fit the extreme situation that she’s postulating. Plus, the COVID emergency was declared over, and it was effectively over for most people long before Joe Biden got around to declaring it so. Not to mention, unless Congress got taken out too in the emergency, there’s still no reason to move around Congress and act unconstitutionally.

But a lot of people had fun with Kagan’s “point.”

Why use the law when you can create a scary theme instead?