The Supreme Court’s War on Novelty ...Middle East

When the Supreme Court struck down the Biden administration’s student debt relief order in June, the justices did so at least in part because nobody had ever done anything like the order before. To cancel more than $400 billion in student debt, the Biden administration had cited the 2003 HEROES Act, which gave the secretary of education broad authority to “waive or modify” student loan provisions during a national emergency.That broad language did not allow the administration to act, the court’s conservative majority concluded, because it was simply too novel. “The secretary has never previously claimed powers of this magnitude under the HEROES Act,” Chief Justice John Roberts wrote on the 6

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