A breaking-news emergencies podcast right after the oral arguments in the Biden Student Debt cases: Nebraska v. Biden and Dept of Education vs. Brown, joined by:

Liza Goitein, senior director of the Brennan Center for Justice’s Liberty & National Security Program, and a nationally expert on presidential emergency powers. She wrote immediately after the Biden plan was announced for the Washington Post: “Biden Using Emergency Powers for Student Debt Relief? That’s a Slippery Slope,” linked here.

And we’re joined by Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center.

Jed explains his amicus brief (and essay proposing an "Emergency Question Doctrine" to limit the Major Question Doctrine), which Justice Kavanaugh mentioned in oral argument, linked here.

Materials Mentioned in this Episode:

Materials Mentioned in this Episode:

Biden v. Nebraska Department of Education

Docket

         Oral Argument

Department of Education v. Brown

Docket

Oral Argument

Brief of Jed Handelsman Shugerman as Amicus Curiae in Support of Respondents. Linked here.

Jed Shugerman, "Major Questions and an Emergency Question Doctrine: The Biden Student Debt Case Study of Pretextual Abuse of Emergency Powers." 2023. Linked here.

Jed Shugerman, “The Biden Student Debt Plan is a Legal Mess,” The Atlantic, Sept. 2022. Linked here. Subscription required. 

Elizabeth Goitein, “The Alarming Scope of the President’s Emergency Powers,” The Atlantic, January/February 2019.  Linked here. Subscription to the Atlantic required.

West Virginia v. EPA, 597 U.S. ___ (2022). Linked here. 

Zephyr Teachout. Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United. Cambridge, MA: Harvard University Press (2016).  Buy on Amazon. 

Massachusetts v. EPA, 549 U.S. 497 (2007). Linked here.

Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman, “Faithful Execution and Article II, 132 Harvard Law Review 2111 (2019). Linked here.