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Where Does Biden’s Unfair Student Loan Forgiveness Stand?

Posted on Tuesday, April 11, 2023
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by AMAC, Bob Carlstrom
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83 Comments
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Secretary of Education Miguel Cardona.

President Biden’s continued pattern of executive overreach is back in the spotlight. Over the last two years, the Biden White House has issued successive executive orders instructing his Department of Education to pause collection of federal student loan payments. During the 2020 campaign, Joe Biden pledged to cancel $20,000 of federal student loan debt per person, which would wipe out a vast majority of outstanding loans. Now, two separate cases revolving around the executive acts have been joined and taken up by the Supreme Court, which heard oral arguments this month from U.S. Solicitor General Elizabeth Prelogar on behalf of the Biden Administration and six Republican-led state solicitor generals who are challenging the Executive Branch’s authority. Following several hours of back-to-back arguments from both sides, there were some interesting and surprising moments. So where does Biden’s unfair student loan forgiveness plan stand now? Here are the key takeaways from the latest Supreme Court hearing and what to expect next.

The legal premises before the nine justices are twofold: 1) whether or not states have the ability to challenge administration policies they disagree with, and 2) the scope of executive authority under the Higher Education Relief Opportunities for Students (HEROES) Act, which the White House cited before the Supreme Court. The responses revealed insights into each justice’s approach to the cases.

Chief Justice John Roberts questions the estimated $400 billion price tag and far-reaching impact – some 50 million Americans – and whether those figures fit the definition of the HEROES Act which gives the Education Secretary the authority to “waive or modify” existing loans and payments. Meanwhile, Justice Clarence Thomas argued that the actions amount to “a cancellation of $400 billion in debt,” which “in effect, this is a grant of $400 billion, and it runs headlong into Congress’s appropriations authority,” he said. Other conservatives on the court, such as Justices Brett Kavanaugh and Samuel Alito, pushed back on the Biden Administration arguments in a masterful way. “Some of the biggest mistakes in the Court’s history were deferring to assertions of executive emergency power. Some of the finest moments in the Court’s history were pushing back against presidential assertions of emergency power,” Justice Kavanaugh said, in reference to the Biden Administration’s defense that the COVID-19 pandemic allows them the emergency powers now that the pandemic is over.

Meanwhile, Justice Alito dissected the Education Secretary’s actions by calling into question the White House’s decision-making after two borrowers in the case weren’t granted the full $20,000 in debt relief as were other debt-forgiveness applicants. “All right. I’ll try one more time. Why was it fair to the people who didn’t get arguably comparable relief?” Alito questioned.

The responses from the court’s conservative majority indicate that President Biden’s efforts to unilaterally cancel federal student loan repayments are on shaky constitutional ground.

Now that oral arguments have concluded, the fate of student loan amnesty now rests in the hands of the nine justices. Expect them to conference among themselves over the next 2-3 months, going back and forth on a draft opinion. While technically the Supreme Court has the ability to release its decision anytime, it is likely a final ruling won’t be made public until May or June, at which point borrowers will know the fate of their student loans. Provided that the SCOTUS decision is released before June 30th, the pandemic repayment pause will expire 60 days after the decision is announced to approve or end President Biden’s plan.

Unsurprisingly, radical Democrats are openly calling for additional forgiveness of student loan debt should the Supreme Court uphold Biden’s plan. “Millions of people, you know, even though $10,000 or $20,000 is like lowering their balance, it’s not actually lowering their monthly payment, which is why we’re still pushing — well, why would we still be pushing — for cancellation. I think that’s really important, so we’ll be pushing for more cancellations,” Braxton Brewington, press secretary for the Debt Collective, said.

Should the Supreme Court strike down the Biden Administration’s attempt to cancel federal student loan repayments, the White House has a few paths to pursue. One would be to provide a legislative fix, but with a Republican House and Democrat Senate that is the least likely outcome in the near future. Second, President Biden could follow the advice of Senate Majority Leader Chuck Schumer (D-NY), Sen. Elizabeth Warren (D-MA) and other Senate Democrats who urged President Biden in a 2021 letter to use the Higher Education Act (HEA) “to cancel up to $50,000 in student loan debt for all borrowers. The 1965 law allows for student loan relief for certain groups, including those whose institutions have since closed,” The Hill reported. “Congress has already granted the Secretary of Education the legal authority to broadly cancel student debt under section 432(a) of the Higher Education Act of 1965 (20 U.S.C. 1082(a)), which gives the Secretary the authority to modify, ‘… compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption,’” the Democrats letter stated.

Should the Biden Administration’s arguments based on the HEROES Act fail before the Court, the administration could act unilaterally under the Senate Democrats’ interpretation of the HEA. In that scenario, lawsuits would surely be filed challenging that authority, and the Biden administration would wind up back in front of the Supreme Court in a year’s time.

While we await the conclusions, Americans will continue to call into question the White House’s case that the COVID-19 pandemic should continue to be an excuse, now even after President Biden himself admits that it is over, as a way to further burden American taxpayers who just shouldered over $6 trillion dollars in so-called “emergency relief” spending by Washington Democrats in the last 3 years. Surely, Supreme Court justices will be questioning that very line of thinking among others recently revealed in the latest round of arguments.

Bob Carlstrom is President of AMAC Action

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Carroll
Carroll
7 months ago

Shouldn’t we all have our debts cancelled then? Mortgages, cars, why just student loans. This is ridiculous. They took out the loans, they should repay them. What about future students? My son in law OSS struggling to pay for medical school. Shouldn’t that be free? Where would this stop? Government needs to quit subsidizing things. Even buying electric cars out putting in solar panels…you get a grant for the government. I’m going broke, yet my taxes keep going up. I’ma senior citizen and i dont want my tax money spent this way.

MJB
MJB
7 months ago

Forgiveness for incurring debt that one brings on oneself is a bad example of self responsibility.
My wife and I worked our tails off getting our two daughters educated! We both took on second and sometimes third jobs to make sure the entire $ 312,000 it took to educate these two daughters was rightfully paid back to all lenders! Today, one daughter holds a degree in Business Marketing and the other daughter is a dentist. I am dammed proud of them and the fact that I don’t owe anyone a dime for their education! I sure don’t owe any slackers that won’t work and pay off their own loans anything either! The day Joe biden and congress pay off anyone’s loans is the day I quit filing my taxes!!

John H
John H
7 months ago

How is it that Democrats are unable to grasp the most basic understanding of economics? This also flies in the face of their current efforts to create “equity” in all things; it is not “:equitable to make millions of people who did not undertake a debt, to pay for those who decided to take on the debt. It is also unequitable for those who have already paid of their student loans…they get nothing back, but now have to pay off the debts of others. Where is there any equity in all of that?

Rachael
Rachael
7 months ago

So we are in a huge mess in this country due to our young people, in many cases, not taking responsibility for anything. They go to college to party! And the people who keep their heads down, do just what they need to graduate and end up paying ALL of their debt now get to pay for people who think they should go free! I don’t think so! My son paid all of his debt and paid off the college debt of his wife! That is being responsible!

Deb
Deb
7 months ago

Even people who have recieved grants may be eligible for $20,000? A grant is not a loan. A grant is a gift that does not have to be paid back.I paid for all my tuition by myself. Not a penny from anyone. I worked at the same time. It took me a few more years (20) to finish college! When I graduated I did not owe anyone anything.

Emily Bryson
Emily Bryson
7 months ago

I went to nursing school asa single mom of 3 and managed to pay back every dime. This is disappointing and hurtful to those of us that struggled to pay.

Doug Barber
Doug Barber
7 months ago

You took out the LOAN ! It’s your responsibility to pay it back.

STEPHEN
STEPHEN
7 months ago

I believe colleges and schools have enough resources to forgive the student loads and have monies left to operate. The quality of education has eroded and graduating students cannot find, are not properly educated for, or have been indoctrinated instead of educated in useful skills to get a job or position in their field.

Steve
Steve
7 months ago

Well, seeing as how this Administration has given the Supreme Court the middle finger on numerous occasions with no legal blowback or negative consequences, will it surprise anyone that it will happen again?

Ann S
Ann S
7 months ago

Between COVID stimulus payments, unending unemployment payments, propping up failing banks up to million accounts and forgiving school loan debt, feeding housing and schooling the migrants coming in over our secure border, reparations to people of color that never were slaves by people that were not slave owners what is the average taxpayer to do. Taxes are not enough to pay for all this. Brandon prints billions of dollars which gives us inflation and now the people are not only under water they are drowning.
Only no dem nor Brandon care.
The economy and America is back. Back to where.

Randall L. Beatty
Randall L. Beatty
7 months ago

You go to school it was your choice so pay your bills, you are very lucky that you have a chance to go on to get more education not everyone does have that chance. What is sad is the ones that go to school and do not finish they drop out and do not want to pay there school bill that is what is bad here with this. Just in the end PAY YOUR BILL for education I did.

ROBERT CORUM
ROBERT CORUM
7 months ago

The SUPREME KANGAROO COURT “WOULD NOT” HEAR HOW THE 2020 ELECTION WAS RIGGED (WHEN THERE WAS “CLEARLY *LIVE* PROOF” THE NIGHT OF THE ELECTION), but NOW ARE HEARING “2 FACED, HYPOCRITICAL LIES” AS TO WHY A BUNCH OF WHINEY, WOKE RETARDS SHOULD HAVE THEIR BILLS PAID FOR THEM, “BY THOSE THAT COULDN’T GET INTO COLLEGE AND ACTUALLY ‘DO’ WORK….” ***TIME FOR 1776 AGAIN!!!!!!!!***

Mike
Mike
7 months ago

My wife, daughter and son all graduated with student loan debt. What did they do? They worked and paid them all off to the last penny. They did it then if you take a student loan be prepared to pay it back!

Paul
Paul
7 months ago

If the student can’t repay the debt, the school failed. The school should repay the debt.
The government should not support schools that fail. The school then can collect from the instructors who failed. If the school knew the student would fail, acceptance to the school should have been denied.

teresa Ann d'alessandro
teresa Ann d'alessandro
7 months ago

the so called tax break should be hung out to dry – biden thinks that will make points for those who will benefit, but be warned it won’t make points for the millions who have paid and who will pay again and for those who didn’t have this debt. what a smuck

Nobody’s Business
Nobody’s Business
7 months ago

Remember when Bush gave a tax break to people that paid taxes and the Democrats had a fit because people that didn’t pay taxes were getting nothing, Republicans caved and people got a credit, that didn’t pay taxes? I want some money and I have no student loans. My son and daughter paid those loans back they should get money also.

Nick
Nick
7 months ago

Just Democrat and liberal Marxist buying votes. Nothing more just pandering to students.

Steven Tapper
Steven Tapper
7 months ago

Where were all of these pandering giveaways when I went to college, spent four summer years working in a hot factory and did multiple part time jobs to get my education? I paid as I went along and it created a work habit that lasted for 42 years before I retired. I’m personally tired of seeing our taxpayers $ being given away to pander to every minority in the Democrat Party. Enough is enough! Either pay your own way to a college degree or learn a trade.

S.Travs
S.Travs
7 months ago

You know, if you can afford your loan maybe you shouldn’t have gone to school? Also, college loans should be limited to STEM, Medicine, Nursing or any degree that will or could help in the betterment of society. General Studies, Liberal arts degrees should not qualify for any type of loan or assistance.

Charline Bonham
Charline Bonham
7 months ago

Instead of giving money to some for college, find a way to make it less expensive for all.

DenvilleSr
DenvilleSr
7 months ago

In Liberal Land, no one should have to do a difficult task. Contracts that are difficult to fulfill should be forgiven. No one should have to take responsibility for their decisions. No one should have to listen to an idea they disagree with. Words may be cancelled. History may be cancelled. Individuals may be cancelled. Legislators who disrupt legislative procedures with bullhorns should not be punished. Parents should cede responsibility for their children to public education authorities. Protecting the rights of criminals is more important than protecting the safety of citizens. George Orwell, you were prescient.

sweetsuzee
sweetsuzee
7 months ago

By the way, AMAC members ARE the educated people.

sweetsuzee
sweetsuzee
7 months ago

The purpose of college is to advance a desired occupation such as medicine, architecture, etc. so therefore enough money should be earned to easily pay off the loan which every student signs a contract for. Your attitude confirms that you are an ignorant deadbeat. Taxpayers are paying way too much for far too many undeserving people already. We just cannot afford any more !!

DAC
DAC
7 months ago

Why is it that liberals always want to help a certain group of people with other people’s money. Many people have one or more charities that they prefer to donate to. Helping liberals get programmed by liberal institutions is not one that I care to donate to. If anyone wants to “help “ them, by all means feel free to start a go fund me page for them and be the first to throw in a couple grand.

Cathleen
Cathleen
7 months ago

Actually, yes those people should get mad if the government is picking and choosing the winners and losers. And never, never, never should it be an executive order!

Cathleen
Cathleen
7 months ago

When did “educated” people get so stupid? I take out a loan, I pay off the loan, sorry, been that way since, forever?

Roger
Roger
7 months ago

I noticed you used the word project, most gov projects relate to infrastructure or improvements. so I see no reason to be upset about a project in Nebraska, as people frequently travel there. a student loan who someone agreed to repay is another story.

Jay H.
Jay H.
7 months ago

The real question is why the worthless liberal puke demoncraps in congress didn’t put forth legislation to cancel the debt, they had congress & senate & bidung to sign it into law. Their problem is it is not popular amongst most voters, so the chicken exrement demoncraps didn’t want their names on this legislation. Being in power is the only thing these worthless dung heaps care about. They could care less if student loans were forgiven!!

PHG
PHG
7 months ago

I wish your question was moot. The federal government should be far less involved in projects and handouts of this type so you would not even think to use it in your apples and oranges approach to debate.

Melinda
Melinda
7 months ago

If debt is cancelled, who pays? The bank? The college? The taxpayers? The money was loaned, someone owes it. If I cancelled my car or home debt, they get repossessed. Can we repossess a college degree?

zoe frost
zoe frost
7 months ago

Anyone who paid their student loans, or never entered a contract for student loans, gets to pay for stranger’s student loans, with what is clearly another of ant-American fraud puppet joeBama’s vote-getting plans.

Beginning with the installed fraud puppet cluelessly signing the stack of pre-prepared-for-him EOs, we have been subjected to one (many unconstitutional!) fresh hell after another. These evil traitors, their comrades (and all the Senate and House Commie Demoncrats and RINOs gorging at the trough) are all trying their damnedest to ensure our freedoms/opportunities/independence Constitutional Republic is destroyed!

PHG
PHG
7 months ago

What a useless question based on the broad stroke generalization and bias mindset you present there in. Willingly acquired debts are an individual obligation and not that if the citizens of our country. It’s that simple.

Tim Toroian
Tim Toroian
7 months ago

Call it a bribe and sic the FEC on it.

Donnie
Donnie
7 months ago

That should not have ever been thought about because it will just help the ones that is for the left and not for everyone. Just another big problem for the USA and the bright leadership we’ve been forced on.

granky
granky
7 months ago

Forgiving student loans, making others have to assume their debt, is as stupid as reparations to people who were never slaves from people who never owned slaves……ridiculous.

Duluth Tom
Duluth Tom
7 months ago

My daughter came to me complaining that she had $30,000 in debt when she graduated 10 years ago. I just looked at her and said it’s like you just bought a new car. Think of it that way and work hard to pay it off, which she did while driving a used car.
The only purpose here is the D’s are buying votes. Nothing more.

anna hubert
anna hubert
7 months ago

Would be interesting to see his reaction should he be asked if he personally is prepared to share the cost of the cancellation Lord knows there is plenty of taxpayer money in his pocket

lwbuchholz
lwbuchholz
7 months ago

I had $30,000 in student loans and I paid it all back and I had to. If this loan forgiveness goes through that means tax payers are paying for those students to go to college when many of them couldn’t afford to go themselves. It isn’t right. Those students signed paperwork promising to pay it back no one else signed those papers. I understood pausing the payments with no penalty because of the job problems during covid but not any more. I see fast foods are paying 20 plus per hour and can’t get anyone to work. I say get a job you should be well educated.

Jackie
Jackie
7 months ago

There should be a limit of executive orders that any one president can issue!!! It just feels like that’s a method to get your agenda through without having to go through Congress!! Executive orders should be for emergencies not just getting past Congress to get your way!! Besides, since any executive order isn’t a law, the next president can come in and remove any or all of the previous executive orders!! This just feels sneaky and sometimes devious!!! I don’t think there is anything fair about this action because Biden has picked the students who signed contracts with the federal government to have their schooling paid for!! Why is it ok to forgive them, costing American taxpayers (some of whom never went to college or ever had a student loan to pay for something they never had) to foot the bill!!! What about those who signed contracts with other loan companies – they are just up the creek since the federal government makes one-sided decisions favoring one over another – not fair!!! What about all of those who have gone to college and have sacrificed in order to fulfill their obligation to repay their loans regardless of where they got them??? Biden is picking winners and losers and that isn’t the job of the federal government!!! And the optics of this action is that he is trying to buy votes!!!

Frances
Frances
7 months ago

The students signed the loan agreement, they are the ONLY ones responsible for repaying those loans.
Need to do away with the Dept. of Education, as it is NOT a right granted to the United States by the US Constitution just like most if not all the alphabet agencies are not a right granted to the United States by the US Constitution.

Philip Hammersley
Philip Hammersley
7 months ago

Do you mean BRAINWASHED like you? I PAID back my student loan; why should I pay for some woke idiot with a degree in lesbian studies or queer theory?

Jerry Finger
Jerry Finger
7 months ago

If you aren’t happy here you can go to AARP, they welcome your type

Lynn
Lynn
7 months ago

Joe Biden once again, causing more damage to the country’s economic structure!
If you choose college, then YOU should pay for those expenses! Duh, where is common sense anymore?
Tax payers are not paying for this!
And, would like AMAC to refer to Joe Biden as such, NOT as President, because, 75 million at a minimum do NOT accept him as our legally elected POTUS.
He does not deserve ANY respect!

Ken Carter
Ken Carter
7 months ago

If it is fair because of the man made pandemic then why not forgive all debts incurred during that period?

Michael J
Michael J
7 months ago

Buying votes isn’t really new, with the right demographics democrats can appeal to one of the biggest indebted people group who were educated by liberals. This will insure a steady flow of voters to perpetuate their strangle hold on our government.

Goblyn
Goblyn
7 months ago

It seems that Biden wants allAmerican taxpayers to let off people that signed up for student loans. Why should taxpayers pay off students who, signed their names to a contract? It stands to reason then that the Biden admin pay off my mortgage, and car loans, might as well pay off any credit debt I have. Why? Because it isn’t his money that’s doing it. It’s all taxpayers that fund his stupid ideas. It’s not my fault that students chose unusable career choices like famine mystique or basket weaving. Now they are whining that they can’t find a well paying job……boohooohooo my sympathies. Or tough s**t

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President Joe Biden, joined by Education Secretary Miguel Cardona, delivers remarks about student loan forgiveness, Wednesday, August 24, 2022, in the Roosevelt Room at the White House. (Official White House Photo by Erin Scott)
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