Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Legality of student loan plan relies on pandemic, 2003 law
The Associated Press ^ | August 24, 2022 | By MARK SHERMAN

Posted on 08/24/2022 2:57:28 PM PDT by Oldeconomybuyer

WASHINGTON (AP) — The Biden administration is tying its authority to cancel student debt to the coronavirus pandemic and to a 2003 law aimed at providing help to members of the military. Legal challenges are expected.

Skeptics of the administration’s ability to act on its own, without new legislation, had once included President Joe Biden himself and House Speaker Nancy Pelosi.

But in a legal opinion released Wednesday, the Justice Department said that the HEROES Act of 2003 gives the administration “sweeping authority” to reduce or eliminate student debt during a national emergency, ”when significant actions with potentially far-reaching consequences are often required.”

The law was adopted with overwhelming bipartisan support at a time when U.S. forces were fighting two wars, in Afghanistan and Iraq. It gives the Education secretary authority to waive rules relating to student financial aid programs in times or war or national emergency.

Former President Donald Trump declared a national emergency in 2020 because of the pandemic, and it remains in effect.

The justification for the debt cancellation “seems to tee up nicely -- perhaps inadvertently — a major-questions doctrine challenge as the opinion seems to suggest the agency could forgive all student loans for everyone due to pandemic” if the agency head deemed it necessary, Chris Walker, a University of Michigan law professor wrote on Twitter.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: chat; chatforum; loans; student; studentdebt; studentloans
Navigation: use the links below to view more comments.
first 1-2021-26 next last

1 posted on 08/24/2022 2:57:28 PM PDT by Oldeconomybuyer
[ Post Reply | Private Reply | View Replies]

To: Oldeconomybuyer

Out of control just gets more and more out of control.


2 posted on 08/24/2022 2:59:09 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

We need to eliminate’National Emergencies’


3 posted on 08/24/2022 3:01:22 PM PDT by 11th_VA (My gender is MAGA.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

There is no legality.

The legality of Student loan bribery is the same as the Trump house FBI Raid. None.

We are a nation run by a crime family. Nothing legal about it.


4 posted on 08/24/2022 3:02:32 PM PDT by FlyingEagle
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

They should forgive the first $25,000. I mean, if we’re just printing money anyway, then go for it. Ten grand won’t make progressives happy, and if conservatives are pissed off, so what? They’re not gonna vote for Joke in 2024 to begin with. At least young ppl might be able to buy a house in their lifetimes without these loans around their necks.


5 posted on 08/24/2022 3:03:24 PM PDT by Prince of Space (Let’s Go, Brandon! )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

The “NATIONAL EMERGENCY” we are experiencing is JOE BIDEN


6 posted on 08/24/2022 3:05:02 PM PDT by ridesthemiles
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

The “NATIONAL EMERGENCY” we are experiencing is JOE BIDEN


7 posted on 08/24/2022 3:05:02 PM PDT by ridesthemiles
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

Notice the favorable article is AP, which is America’s crime-state-security-secret-intelligence-propaganda mouthpiece.


8 posted on 08/24/2022 3:05:17 PM PDT by FlyingEagle
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

So Brandon doesn’t have the authority.


9 posted on 08/24/2022 3:05:21 PM PDT by I want the USA back (Damn it! We need Trump! America First! Bring America back! We're being governed by fascists.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oldeconomybuyer

“during a national emergency”

Have we been sold to Ukraine by Hunter?


10 posted on 08/24/2022 3:06:06 PM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: 11th_VA

This.


11 posted on 08/24/2022 3:06:25 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Oldeconomybuyer

Absolutely shameful, taking a measure designed for serviceman and women called to overseas duty and applying it in masse to societies leeches and ‘gimme-dats’


12 posted on 08/24/2022 3:10:16 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Prince of Space

> They should forgive the first $25,000. I mean, if we’re just printing money anyway, then go for it. <

You’re on the right track, but you’re thinking too small. The average student loan debt is around $40,000. So I’m in favor of just giving everyone in the country 18 or older $40,000. Use it to pay off your debt, buy marijuana, upgrade your Netflix account, whatever.


13 posted on 08/24/2022 3:10:27 PM PDT by Leaning Right (The steal is real.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Oldeconomybuyer
And they accuse Trump of being a demagogue!
14 posted on 08/24/2022 3:11:04 PM PDT by Chad C. Mulligan
[ Post Reply | Private Reply | To 1 | View Replies]

To: Prince of Space

“without these loans around their necks”

If the government has the power to regulate any aspect of mortgage lending, it can also tell a mortgage lender to simply subtract the student loan amounts from gross income for qualification purposes, or the federal government could have employers make the student loan payments by pre-paycheck deductions.


15 posted on 08/24/2022 3:12:18 PM PDT by Brian Griffin
[ Post Reply | Private Reply | To 5 | View Replies]

To: Oldeconomybuyer

Dear Democrats:

I had student loans I paid off. To be fair, send me $10000. My address is...


16 posted on 08/24/2022 3:14:18 PM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Get the government out of the student loan business and watch colleges lower their tuition


17 posted on 08/24/2022 3:16:08 PM PDT by escapefromboston (Free Chauvin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Magnum44

>>> Absolutely shameful, taking a measure designed for serviceman and women called to overseas duty and applying it in masse to societies leeches and ‘gimme-dats’ <<<

You nailed it. But don’t expect any of this to be reported by the drive-by media.


18 posted on 08/24/2022 3:16:14 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Oldeconomybuyer

Two types of national emergency.

Some GOP voting Deplorables are not only alive but are not in gulags. These domestic terrorists endanger all Americans. Emergency.

And the Climate Change Emergency. Planet will shrivel up if gas powered cars and free use of electricity and air conditioning by GOP majority states is not stomped on.


19 posted on 08/24/2022 3:34:41 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlyingEagle

AP

One of the first times Rush Limbaugh called out bias was when he said the AP was a shill for the Left and had stopped being an innocent source of news releases for local news outlets as it had been for decades.

Now they’re all that way, print, TV, radio and internet sites. Total propaganda sources.


20 posted on 08/24/2022 3:37:53 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-26 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson