Supreme Court blocks student loan forgiveness plan: live updates
Supreme Court blocks student loan forgiveness plan: live updates
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22 comments
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Are there any legal experts who could chime in to help me understand the why of this decision?
If these loans are held by the executive branch, why aren't they allowed to cancel their own loans? Is there really a federal law on the books against this?
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Because executive action can be used only when it has been specifically authorized by Congress.
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Yeah... but the FBI doesn't need to write to Congress every time it decides to make an arrest. Congress delegates broad powers to the executive branch and in this case my understanding is that there were relatively few carveouts limiting what could be done with these loans. What I'm asking about is what specifically did the court reference when they said that this action was an overstepping of the branch's authority?
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It was authorized by congress, specifically the heroes act. It gave the executive branch the power to "waive or modify loans" in reponse to a national emergency, and cornavirus was declared one. The law passed by congress explicitly gives Biden the power to do this. It'd a terrible ruling by the court. Not to mention the suing parties have no standing to begin with, and the suit never should have even gone forward on that basis in the first place.
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There is no national emergency anymore. He should have acted when covid was still a thing, or when he had a democrat congress.
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It was launched a year ago. It would have happened long ago if republicans hadn't sued (with absolutely no standing btw, which should have made the case dead on arrival anyways in any legitimate court). It's a part of a comprehensive plan that began with the pausing of student loan payments that started as the economy went into freefall with the pandemic. With a national emergency declared by Trump. If not for the republicans suing to stop this in fact, the forgiveness would have happened, student loan payments would have resumed for remaining loans months ago, and everything would be back to relative normalcy. Now we're trying to restart payments again with constant craziness and uncertainty because of a blatantly partisan court with no coherent judicial reasoning.
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22 comments