Kagan's dissent says everything that needs to be said.
> That is why the
Court is supposed to stick to its business—to decide only
cases and controversies (but see supra, at 3–13), and to stay
away from making this Nation’s policy about subjects like
student-loan relief. The policy judgments, under our separation of powers, are supposed to come from Congress and
the President. But they don’t when the Court refuses to
respect the full scope of the delegations that Congress
makes to the Executive Branch. When that happens, the
Court becomes the arbiter—indeed, the maker—of national
policy. See West Virginia, 597 U. S., at ___ (KAGAN, J., dis-
senting) (slip op., at 32) (“The Court, rather than Congress,
will decide how much regulation is too much”). That is no
proper role for a court. And it is a danger to a democratic
order.
> That is why the Court is supposed to stick to its business—to decide only cases and controversies (but see supra, at 3–13), and to stay away from making this Nation’s policy about subjects like student-loan relief. The policy judgments, under our separation of powers, are supposed to come from Congress and the President. But they don’t when the Court refuses to respect the full scope of the delegations that Congress makes to the Executive Branch. When that happens, the Court becomes the arbiter—indeed, the maker—of national policy. See West Virginia, 597 U. S., at ___ (KAGAN, J., dis- senting) (slip op., at 32) (“The Court, rather than Congress, will decide how much regulation is too much”). That is no proper role for a court. And it is a danger to a democratic order.