https://twitter.com/MeidasTouch/stat...bVPm3EkZjMMcNg
Yep as expected here come the potential Republican law suits to stop student loan reform.
That's the thing it's unclear where any standing could come from since A. it hasn't happened yet, and B. who the fuck is complaining about having loans forgiven? People seem to be best guessing it would come from a bank complaining about not being able to charge as much as they otherwise could have. Unfortunately until we fix SCOTUS it all just comes back to the fact that Republicans can basically just make up whatever the fuck they want with no legal consistency.
Someone pointed out a Slate article outlining a potential backup plan B.
https://twitter.com/Mangy_Dog/status...bVPm3EkZjMMcNg
If SCOTUS doesn't allow for mass generic student loan cancellation they may be able to offer financial difficulty assistance on an individual scale.
Trump’s education secretary Betsy Devos tried to stop Biden from embracing it. She solicited a memo arguing that the Heroes Act does not permit “mass cancellation” of student debt. (In a twist, the memo was issued four days after DeVos resigned in protest of Jan. 6, and it violated basic procedural requirements.)
It’s an open question whether anyone can sue against Biden’s program in the first place.
Under Biden, the Department of Education concluded that DeVos’ eleventh-hour memo was wrong, and that the agency can provide mass student loan cancellation because of the ongoing pandemic. The Justice Department’s Office of Legal Counsel agreed.One last thing: It’s an open question whether anyone can sue against Biden’s program in the first place. In a persuasive and prescient analysis published this year in the Virginia Law Review, Jack V. Hoover argued that no one has standing to file suit against sweeping loan cancellation. To prove standing, a party would have to demonstrate concrete harm to them, and show how blocking cancellation would remedy that harm. Republicans complain that Biden’s program hurts taxpayers, but under Supreme Court precedent, taxpayers don’t have standing to sue.In any case until we take back the Supreme Court from these fascist anarcho-capitalist pawns all presidential and Congressional power is limited and only goes so far.Biden can simply announce that any borrower affected by the pandemic can apply for relief; if they can prove hardship, their debts get canceled. The Heroes Act, of course, says such “case-by-case” adjudication is unnecessary. And this method would increase administrative burdens while shrinking the pool of beneficiaries, since some eligible borrowers will fail to apply. But it would still help millions of people who will be in dire need to support when student loan payments resume in 2023. (There’s a direct analogy to Virginia Gov. Terry McAuliffe restoring felon voting rights one person at a time after the Virginia Supreme Court wouldn’t let him do it all at once.)
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