What is going on with student loans?

Anonymous
But Kavanaugh got his house loan paid. By whom?
Anonymous
Anonymous wrote:https://www.cnn.com/2022/12/01/politics/supreme-court-student-loan/index.html

Going to the Supreme Court now. What do you think will be the ruling?


It wil be ruled as unConstitutional.
Because it is.
Anonymous
Anonymous wrote:
Anonymous wrote:https://www.cnn.com/2022/12/01/politics/supreme-court-student-loan/index.html

Going to the Supreme Court now. What do you think will be the ruling?


It wil be ruled as unConstitutional.
Because it is.


That's an interesting legal take. Thank you, counselor.
Anonymous
Anonymous wrote:https://www.cnn.com/2022/12/01/politics/supreme-court-student-loan/index.html

Going to the Supreme Court now. What do you think will be the ruling?


Sotomayor and Kagan will vote yes because…social justice. Others, no
Anonymous
Anonymous wrote:But Kavanaugh got his house loan paid. By whom?


It wasn’t paid off by taxpayers who are paying their own loans, so who cares?
Anonymous
https://www.cnbc.com/2022/12/05/supreme-court-tackles-biden-student-loan-plan.html

Why the Supreme Court may block forgiveness

For a number of reasons, Urman predicts the Supreme Court will rule against Biden. He said the conservative justices believe government agencies exert too much authority and “violate the separation of powers.” In addition, he said, the concept of loan forgiveness seems to run counter to their notions of individual responsibility.

Such a politically fueled decision, however, is likely to further damage the public’s perception of the Supreme Court, Urman said.
Anonymous
Anonymous wrote:https://www.cnbc.com/2022/12/05/supreme-court-tackles-biden-student-loan-plan.html

Why the Supreme Court may block forgiveness

For a number of reasons, Urman predicts the Supreme Court will rule against Biden. He said the conservative justices believe government agencies exert too much authority and “violate the separation of powers.” In addition, he said, the concept of loan forgiveness seems to run counter to their notions of individual responsibility.

Such a politically fueled decision, however, is likely to further damage the public’s perception of the Supreme Court, Urman said.


It wouldn't have to be a "politically fueled decision" if Biden hadn't overstepped his authority.
Anonymous
Anonymous wrote:
Anonymous wrote:https://www.cnbc.com/2022/12/05/supreme-court-tackles-biden-student-loan-plan.html

Why the Supreme Court may block forgiveness

For a number of reasons, Urman predicts the Supreme Court will rule against Biden. He said the conservative justices believe government agencies exert too much authority and “violate the separation of powers.” In addition, he said, the concept of loan forgiveness seems to run counter to their notions of individual responsibility.

Such a politically fueled decision, however, is likely to further damage the public’s perception of the Supreme Court, Urman said.


It wouldn't have to be a "politically fueled decision" if Biden hadn't overstepped his authority.


Yup, and a lot of people are going to have a rude awakening. It's probably why Biden is preparing to allow these loans to be discharged in federal court.
Anonymous
Anonymous wrote:
Anonymous wrote:https://www.cnbc.com/2022/12/05/supreme-court-tackles-biden-student-loan-plan.html

Why the Supreme Court may block forgiveness

For a number of reasons, Urman predicts the Supreme Court will rule against Biden. He said the conservative justices believe government agencies exert too much authority and “violate the separation of powers.” In addition, he said, the concept of loan forgiveness seems to run counter to their notions of individual responsibility.

Such a politically fueled decision, however, is likely to further damage the public’s perception of the Supreme Court, Urman said.


It wouldn't have to be a "politically fueled decision" if Biden hadn't overstepped his authority.


Spell it out. Overstepped what? Where do you think HEROEs draws the line?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:https://www.cnbc.com/2022/12/05/supreme-court-tackles-biden-student-loan-plan.html

Why the Supreme Court may block forgiveness

For a number of reasons, Urman predicts the Supreme Court will rule against Biden. He said the conservative justices believe government agencies exert too much authority and “violate the separation of powers.” In addition, he said, the concept of loan forgiveness seems to run counter to their notions of individual responsibility.

Such a politically fueled decision, however, is likely to further damage the public’s perception of the Supreme Court, Urman said.


It wouldn't have to be a "politically fueled decision" if Biden hadn't overstepped his authority.


Spell it out. Overstepped what? Where do you think HEROEs draws the line?


This should help you understand:

Although the HEROES Act appears to grant the education secretary the power to forgive student loans, that is not necessarily the case. It permits waiver or modification to statutory or regulative provisions, but it is not at all clear that those terms include debt forgiveness.

The statute itself does not state that the education secretary may forgive student debt, and concomitantly, there are no provisions regarding the forgiveness of student debt in the regulations. The legislative history of HEROES is sparse — no committee reports, etc. — but the act’s sponsor, Rep. John P. Kline Jr., said in his introductory remarks that the intent of the bill is to allow the secretary “to maintain his commitment to our men and women in uniform by providing assistance and flexibility as they transfer in and out of postsecondary education during a time of national emergency.”

Considering Kline’s statement, it is apparent that he, and Congress, did not contemplate the act’s grant of authority to include the power to forgive student loans.

Alternatively, the Biden administration might point to section 20 U.S.C. 1082(a)(6) of the 1965 Higher Education Act for forgiveness authority, which states that the secretary can “enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or right of redemption.”

However, if the administration attempts to rely on subsection (a)(6), it still stands on shaky ground because to do so takes the subsection out of context.

The preamble to section 1082(a) enumerates the actions the secretary may take in performing “the functions, powers, and duties, vested in him by this part” — that is, section 1082(a)(1) through (6). The key words are “this part.”

Section 1082 in its entirety is found in Title IV, Part B, and applies exclusively to the FFEL program. Similar language appears in 20 U.S.C. section 1087hh applicable to Perkins loans. Sections 1087e(a)(1) and 1087a(b)(2), which govern other federal direct loans, specifically the Ford, PLUS, and Stafford loans, do not contain waiver authority.

Thus, the only student debt forgiveness authorized under sections 1082(a)(6) and 1087hh of the Higher Education Act is FFEL and Perkins loans.

In the end, however, the above analyses of the HEROES and Higher Education acts are unnecessary. Under Article 1, Section 9 of the Constitution, only Congress may withdraw money from the treasury through appropriations.

Forgiveness of loans under the FFEL, Perkins, and other programs is authorized by Congress, and the moneys necessary to fund these programs have been appropriated.

This is not so regarding the Biden administration’s student debt forgiveness for all other federal loans. The administration’s action, then, is clearly unconstitutional.


https://www.forbes.com/sites/taxnotes/2022/09/26/student-loan-forgiveness-can-biden-do-that/?sh=6df4ea56175f
Anonymous
after the SCOTUS strikes Biden's student loan forgiveness down, the administration can re-create the loan forgiveness for FFEL and Perkins loan holders!
Anonymous
The Court can strike it down. They can't require him to end the pause though. It's going to be the next president's problem
Anonymous
Anonymous wrote:
Anonymous wrote:But Kavanaugh got his house loan paid. By whom?


It wasn’t paid off by taxpayers who are paying their own loans, so who cares?


+1 Corruption is fine
Anonymous
Anonymous
Anonymous wrote:But Kavanaugh got his house loan paid. By whom?


His parents, fool, get it through thy thick skull
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