The Supreme Court will hear arguments about Biden’s student-loan forgiveness plan today. This excerpt explains why the case is vitally important to our Constitution. Will you pray? Please share!
From The Wall Street Journal. The Supreme Court hears one of the most consequential separation-of-powers cases in American history on Tuesday when it considers President Biden’s unilateral student loan write-off. The question is nothing less than whether the President can steal Congress’s power of the purse and act like a King. …
In a naked ploy to buy votes from young people, Mr. Biden last summer invoked the Covid emergency to cancel student debt for 95% of borrowers. The Administration invoked the 2003 Higher Education Relief Opportunities for Students (Heroes) Act as its authority. The law says the Education Secretary can waive or modify any statutory or regulatory provision related to federal student aid when “necessary in connection with a war or other military operation or national emergency.”
But the law was intended to help students in the military and explicitly limited relief to those borrowers “affected” by an emergency or war. Before the pandemic, the provision was rarely used and only to make discrete changes. The Trump and Biden Administrations stretched the law to extend a student-loan payment pause that Congress had enacted in March 2020. Now the Biden Administration says the law sweeps so broadly that it can forgive debt for nearly all borrowers. …
The Administration isn’t merely waiving or modifying discrete provisions. It’s rewriting the federal student loan program wholesale. …
The Administration knows its defense is weak, which is why it has fallen back on the argument that the suing states aren’t harmed so they lack legal standing to sue. This is also wrong. Missouri is suing on behalf of its student-loan servicer, the Higher Education Loan Authority of the State of Missouri (Mohela). …
Nebraska and Arkansas state agencies are invested in privately originated Federal Family Education Loans (FFEL). …
It’s hard to overstate the stakes in this case. If a President can get away with this power-play, it’s hard to see what limit would be left on executive rule. …
What do you think of Biden’s loan forgiveness? Share your thoughts and prayers below.
(Excerpt from The Wall Street Journal. Photo Credit: Adam Szuscik on Unsplash)