Whether a federal judge's reliance on non-binding judicial dicta and legislative history constitutes a miscarriage of justice in student loan bankruptcy matters

1. Separation of Powers and Miscarriage of Jus tice: Does a federal judge ’s reliance on non binding judicial dicta from United Student Aid Funds v. Espinosa, 559 U.S. 260 (2010), and Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440 (2004), and legislative history (Senate Report No. 95-989) to enforce 11 U.S.C. § 523(a)(8) in student loan bankruptcy matters, as Judge-1 did in Petitioner ’s case (Case 2-16cv-09225, Doc. 57,