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BumRushDaShow

(161,096 posts)
Thu Dec 1, 2022, 04:03 PM Dec 2022

Supreme Court takes Biden student debt relief case, holds program for now

Last edited Thu Dec 1, 2022, 04:43 PM - Edit history (1)

Source: CNBC

The Supreme Court said Thursday that it will hear arguments in a case challenging the Biden administration’s student loan debt relief plan — but kept in place a lower appeals court’s nationwide injunction that prevents that program from taking effect for now.

Oral arguments in the case were set for February in the order released Thursday. The administration on Nov. 18 asked Justice Brett Kavanagh to lift an injunction against the student loan relief program, which would cancel hundreds of billions of dollars in federal debt.

The U.S. 8th Circuit Court of Appeals in St. Louis issued that injunction on Nov. 14 in response to a legal challenge by six Republican-led states. Kavanagh is the Supreme Court justice responsible for handling emergency applications arising from 8th Circuit cases. In its order Thursday, the Supreme Court said that consideration of the application to lift the injunction “is deferred pending oral argument.”

Days before the 8th Circuit issued its injunction, Judge Mark Pittman in U.S. District Court in Texas ruled the debt relief plan was unconstitutional, in response to another lawsuit challenging the program. That ruling, which also applies nationwide, likewise remains in effect.

Read more: https://www.cnbc.com/2022/12/01/supreme-court-rules-in-biden-student-loan-forgiveness-plan-case.html



Article updated.

Original article -

The Supreme Court on Thursday said it will hear arguments in a case challenging the Biden administration’s student loan debt relief plan, but kept in place a lower court’s injunction that prevents that program from taking effect for now.

Oral arguments in the case were set for February in the order released Thursday. The administration on Nov. 18 asked the Supreme Court to lift an injunction against the student loan relief program, which would cancel hundreds of billions of dollars in federal debt.

The U.S. 8th Circuit Court of Appeals in St. Louis issued that injunction on Nov. 14 in response to a legal challenge by six Republican-led states.

Days earlier, Judge Mark Pittman in U.S. District Court in Texas ruled the debt relief plan was unconstitutional, in response to another lawsuit challenging the program. That ruling, which also applies nationwide, remains in effect.
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Supreme Court takes Biden student debt relief case, holds program for now (Original Post) BumRushDaShow Dec 2022 OP
By what skewed logic edhopper Dec 2022 #1
By the authoritarian logic of 'because I said so' peppertree Dec 2022 #2
It's quite obviously unconstitutional FBaggins Dec 2022 #3
Could you explain why? edhopper Dec 2022 #5
Simple - Congress didn't authorize the program FBaggins Dec 2022 #6
Likely unconstitutional manicdem Dec 2022 #8
So he did something that he thought was unconstitutional? Polybius Dec 2022 #10
But ppp money and loan forgiveness for the ruling class is A-OK! n/t hibbing Dec 2022 #4
Yes. Because democracy. Igel Dec 2022 #7
So President Biden was right, EO would have legal challenges, legislation preferable. betsuni Dec 2022 #9
We do not have a democracy Farmer-Rick Dec 2022 #11

FBaggins

(28,452 posts)
3. It's quite obviously unconstitutional
Thu Dec 1, 2022, 04:36 PM
Dec 2022

The only question is whether there's anyone with standing to bring the suit.

And that's a big question

edhopper

(36,688 posts)
5. Could you explain why?
Thu Dec 1, 2022, 04:56 PM
Dec 2022

Farm loans were forgiven, PPP loans were forgiven. Why is this unconstitutional?

FBaggins

(28,452 posts)
6. Simple - Congress didn't authorize the program
Thu Dec 1, 2022, 05:03 PM
Dec 2022

With farm loans they did… and with PPP not only did they authorize it - the program was designed to not have the loans paid back.

manicdem

(530 posts)
8. Likely unconstitutional
Thu Dec 1, 2022, 08:07 PM
Dec 2022

Since Biden said he likely didn't have the power to forgive student loans in the past.

Polybius

(20,931 posts)
10. So he did something that he thought was unconstitutional?
Fri Dec 2, 2022, 12:24 AM
Dec 2022

If true, he'll be slammed on that in 2024...

Igel

(37,126 posts)
7. Yes. Because democracy.
Thu Dec 1, 2022, 07:57 PM
Dec 2022

A democratically elected Congress got the president to sign off on a law that was designed to push money; it had clear guidance and requirements for loan forgiveness--and said if those were met, the loans *must* be forgiven. Then Congress came back and lowered the bar, to make it easier to forgive the loans. This was discussed at the time, as well as the poor fiscal controls and oversight. These were deemed features, not flaws.

The people's house nor the Senate made social class part of the requirement. In fact, the program was structured to give more money to those who'd suffer greater losses.

betsuni

(28,396 posts)
9. So President Biden was right, EO would have legal challenges, legislation preferable.
Thu Dec 1, 2022, 08:40 PM
Dec 2022

Those insisting it was easy, just pick up pen and do an EO, complaining that Biden broke promises -- wrong.

Farmer-Rick

(12,088 posts)
11. We do not have a democracy
Fri Dec 2, 2022, 01:38 AM
Dec 2022

It is the rich and powerful who get benefits from state and federal governments while the majority of people are at the mercy of corporate funded political controls. Every market in the US is controlled by a shrinking pool of corporations owned by the same handful of oligarchs, who sit on each other boards, ditch their tax responsibilities and pay off legislators to get their giveaways and bailouts passed.

Nowhere in the Constitution does it give the supreme court the power to determine constitutionality. It is a power they took on themselves, making them unelected kings. The final arbiters, making laws and taking away rights as their religious dogma and political whims move them.

In addition to claiming powers they are not constitutional given, they make rulings based on religious superstitions and ignore science. They ignore settled law and precident whenever it suits their overriding religiousity and take soft bribes and hide political funding to feather their nests.

Musk is awarded a $2.9 Billion federal contract while our college students become profit centers for banks and servicers, and Congress can't even give railway workers any sick leave. No other developed country in the world uses their students as profit centers like the US. No other developed country let's their citizens be terrorized by profit seeking gun manufacturers. Developed countries don't burdened their sick and elderly with ever more expensive for-profit regional medical monopolies and never ending compounding student loan interest that can never, ever be discharged. (And soon to be apparent, not even by a president.)

Though I have to wonder if the religiously inspired court would hear the case if Trump had forgiven student loans.

Not much of a democracy, more of an oligarchy perhaps even headed towards a theocracy.

So will religion rule the Supremes in this decision to force students to pay until they die or will their hateful political whims control them? Either way it will hurt the majority of students and probably make some already rich bankers even richer.

Yeah, democracy if you can keep it. Obviously the US can't.

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