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Legal Challenges to Student Loan Forgiveness Loom Before Midterms. GOP lawmakers and conservative groups are laying the groundwork for court battles to block Biden’s executive action
Wall Street Journal ^ | September 20, 2022 | Gabriel T. Rubin and Jacob Gershman

Posted on 09/20/2022 9:46:39 AM PDT by karpov

The Biden administration and Republican opponents of mass student debt cancellation appear headed for a legal confrontation with hundreds of billions of dollars at stake just weeks before the November midterm elections.

GOP state attorneys general, conservative groups and federal lawmakers are laying the groundwork to challenge President Biden’s executive action to cancel up to $20,000 of debt for most of the 40 million people with federal student loan debt. Would-be plaintiffs can’t take action until the administration makes a formal move toward cancellation, such as releasing an application for loan forgiveness or wiping out the balances of a first batch of borrowers.

The Education Department has said it would unveil an application for borrowers to register their income and Pell Grant status, two factors that determine relief eligibility, by early October. At that point, the department could move ahead with canceling the debt of nearly eight million borrowers whose relevant income data is already available to the department. Republican legal challenges are expected to start then, and legal experts say it is possible that the administration’s plan could be frozen by a federal judge within days.

That could throw the financial future of tens of millions of potential voters into uncertainty just weeks before Election Day on Nov. 8. and provide a real-world test of student debt’s potency as a political issue.

Democrats say that a legal battle weeks before the midterms could further motivate voters to turn out and back their party in November, in the hopes that Democratic wins would help protect the program. Republicans say that many voters oppose the debt plan and that even among its supporters, the strategy could backfire if a judge effectively blocks the program, leaving voters feeling that Mr. Biden’s action was an empty promise.

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


TOPICS: News/Current Events
KEYWORDS: loanforgiveness; studentloans
full article
1 posted on 09/20/2022 9:46:39 AM PDT by karpov
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To: karpov
Just buying the votes of stupid people.
2 posted on 09/20/2022 9:50:42 AM PDT by kickstart ("A gun is a tool. It is only as good or as bad as the man who uses it" . Alan Ladd in 'Shane' )
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To: karpov

Legally, Biden doesn’t have the power or authority to forgive or pay for student loans.

And, spending is one of the powers that belong in the legislative branch. Biden can/should only spend what has been authorized by the legislative branch.

If edicts by the executive branch were to be how the republic is governed, then, there would be no government at all, because, the whole country would be in ruins. Biden’s executive orders have demonstrated how dangerous those executive powers can be. The president needs to be reigned in.


3 posted on 09/20/2022 10:04:08 AM PDT by adorno
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To: karpov
Democrats say that a legal battle weeks before the midterms could further motivate voters to turn out and back their party in November

Hogwash, first of all it's as unpopular with honest Dems as it is everyone else. Secondly, it will barely start the process prior to November and there will be no substantive news about it to rally anyone.

4 posted on 09/20/2022 10:07:07 AM PDT by 1Old Pro
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To: adorno

I’m going to play devils advocate here. The secretary of education does have broad authority to modify student loans and conditions of their repayment (per the higher education act of 1965 as amended). Biden instead though relied on the heroes act which states that in times of emergency student loans can be cancelled or modified. Trump used the heroes act to stop interest and repayment on them—freezing them during the pandemic. But Since Biden just announced on 60 minutes that the pandemic is over I’d think the legal challenges might be easier.


5 posted on 09/20/2022 10:17:45 AM PDT by olivia3boys
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To: karpov

GOOD


6 posted on 09/20/2022 10:32:38 AM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: 1Old Pro

I saw a honest Democrat once. He was walking his unicorn


7 posted on 09/20/2022 10:41:46 AM PDT by cableguymn
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To: cableguymn
I saw a honest Democrat once. He was walking his unicorn

Most all are low info voters, the register Dem because their Dad or Mom did. Or, in many liberal Dem cities people register Dem so their assessments don't go up.

8 posted on 09/20/2022 10:44:53 AM PDT by 1Old Pro
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To: olivia3boys
Trump used the heroes act to stop interest and repayment on them—freezing them during the pandemic.

freezing the loan repayments is not the same as paying for them, and it's also not forgiveness of the loans. Students were expected to repay the loans AFTER the pandemic. Biden is using the student loans payments as a stunt to win votes, and it's got nothing at all to do with the pandemic.
9 posted on 09/20/2022 10:55:50 AM PDT by adorno
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To: 1Old Pro
honest Dems

What is this creature of which you speak?

10 posted on 09/20/2022 11:45:48 AM PDT by thegagline (Sic semper tyrannis )
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To: olivia3boys

I believe the Heroes Act applies to army staffing.

Funding bills for the army are constitutionally limited to two years.


11 posted on 09/20/2022 11:57:33 AM PDT by Brian Griffin
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To: karpov

Emergency is a word related to emerge.

Joe is about two years too late to use a early 2020 emergency.


12 posted on 09/20/2022 11:59:14 AM PDT by Brian Griffin
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To: karpov

“early October”

buying votes


13 posted on 09/20/2022 12:02:46 PM PDT by Brian Griffin
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To: olivia3boys

https://www.theregreview.org/2021/04/19/jackson-mark-executive-authority-forgive-student-loans-not-simple/


14 posted on 09/20/2022 12:07:57 PM PDT by Brian Griffin
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To: karpov

https://www.law.cornell.edu/uscode/text/20/1098bb

That links to:

affected individual
(2) Affected individual The term “affected individual” means an individual who— (A) is serving on active duty during a war or other military operation or national emergency; (B) is performing qualifying National Guard duty during a war or other military operation or national emergency; (C) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (D) suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary.


15 posted on 09/20/2022 12:16:25 PM PDT by Brian Griffin
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To: karpov

Why do republican idiots always pick the wrong hill to die on. I am trying to say they always seem to get some spunk for things that are less important in the scheme of things. Right now there are so many other things they could be doing. They are just useless.


16 posted on 09/20/2022 5:59:59 PM PDT by jdirt
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To: thegagline
honest Dems What is this creature of which you speak?

They are out there, albeit a small population, basically an endangered species.

17 posted on 09/21/2022 6:30:37 AM PDT by 1Old Pro
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