Elena Kagan says SCOTUS student loan decision is unconstitutional

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

Kagan says that the Court's interpretation of a statute allowing the Department of Education to waive or modify student loan terms during a national emergency should have been left with the political branches that are more responsive to the electorate. She wrote:

"From the first page to the last, today's opinion departs from the demands of judicial restraint," .... "At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.

"That is a major problem not just for governance, but for democracy too. Congress is of course a democratic institution; it responds, even if imperfectly, to the preferences of American voters. And agency officials, though not themselves elected, serve a President with the broadest of all political constituencies. But this Court? It is, by design, as detached as possible from the body politic. That is why the Court is supposed to stick to its business — to decide only cases and controversies, and to stay away from making this Nation's policy about subjects like student-loan relief....

"[The Court] exercises authority it does not have. It violates the Constitution."