(08-24-2022, 07:40 PM)freeloader Wrote:

(08-24-2022, 07:34 PM)LevelUP Wrote:

(08-24-2022, 07:10 PM)freeloader Wrote:

(08-24-2022, 06:37 PM)LevelUP Wrote:

(08-24-2022, 06:21 PM)freeloader Wrote: Sure, the HEROES Act of 2003 confers on the Secretary of Education specific, statutory authority to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs” during times of national emergency.  20 U.S.C. § 1098bb(a)(1), (2)

President Trump declared a national state of emergency related to Covid-19 on 13 November 2020. That has subsequently been extended and is still in force.

"While the HEROES Act of 2003 arguably confers somewhat less broad authority than the HEA does, since an administration may only exercise its authority on a case-by-case basis or on a class of people impacted by the emergency"

Nancy Pelosi said Biden could only delay but not cancel student loan debt. Only congress has the power to do that.

Trump's Payroll Tax Cut was a bunch of nonsense too.

So for the record FJB and FDT.

1. You referenced, without citation I would note, a Forbes article which is simply wrong. If you look at the actual law, it specifies “(3)Case-by-case basis
The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis.”

2. The power to cancel student loans rests with Congress.  And they delegated it to the Secretary of Education in 2003.  It will be interesting to see if there is litigation to try to stop this cancellation.  If there is, it will be up to a federal court, in all likelihood the Circuit Court for DC, to decide it Biden has this authority.  But, until an injunction to the contrary, Biden has this authority.

3. You may not be aware of this. Nancy Pelosi is not a president, dictator, or even a federal judge. While she controls the legislative agenda of the House of Representatives at this time, she doesn’t actually get to decide all the laws for the country. 

4. I do not appreciate you using profanity, even in veiled form.  I hope the moderators take note of that an respond appropriately.

I would think Nancy Pelosi knows a bit more than a bunch of keyword warriors and some random journalists trying to armchair quarterback being a lawyer and giving out legal advice as to what is constitutional or not.

I don’t disagree. But, I think the White House counsel and the Department of Education counsel, who have both asserted that the HEROES Act gives Biden this authority know more than Pelosi. Again, it really doesn’t matter. He is the President. Unless and until a court stop this, it is happening.

(08-24-2022, 06:21 PM)freeloader Wrote: 1. You referenced, without citation I would note, a Forbes article which is simply wrong. If you look at the actual law, it specifies “(3)Case-by-case basis
The Secretary of Education is not required to exercise the waiver or modification authority under this section on a case-by-case basis.”

(08-24-2022, 06:21 PM)freeloader Wrote: 2. The power to cancel student loans rests with Congress.  And they delegated it to the Secretary of Education in 2003.  It will be interesting to see if there is litigation to try to stop this cancellation.  If there is, it will be up to a federal court, in all likelihood the Circuit Court for DC, to decide it Biden has this authority.  But, until an injunction to the contrary, Biden has this authority.

(08-24-2022, 06:21 PM)freeloader Wrote: 3. You may not be aware of this. Nancy Pelosi is not a president, dictator, or even a federal judge. While she controls the legislative agenda of the House of Representatives at this time, she doesn’t actually get to decide all the laws for the country.

(08-24-2022, 06:21 PM)freeloader Wrote: 4. I do not appreciate you using profanity, even in veiled form.  I hope the moderators take note of that an respond appropriately.

(08-24-2022, 07:30 PM)teejayb Wrote: If this benefits you....congrats! Post a few happy faces.
If this does not benefit you, feel free to complain and vote accordingly in the next election.

If you're telling people to get over themselves, then shame on you. We have an extremely diverse country with an almost infinite amount of different avenues for life experiences, cultures, and priorities. I don't know the hardships someone had thinking their only option was to go into debt for a degree. I also don't know the hardships that someone who couldn't afford a degree that decided to go straight to work and found out today that part of every dollar they make will help pay for the debt of their peers..

I for one am against paying for peoples debt. I think it sets a "everyone gets a trophy" mentality moving forward. But, we have done that with banks, cities, development speculators, homeowners, private firms,  ect in the past. Today, my individual position has leaned a little more right. That's after a ton of other social issues that the right has messed up, causing me to lean left recently. The only thing that I can do is realize that our great country elected Biden into office this time around, and I will use my vote in the upcoming elections to attempt either change that or keep the current leadership in office. Online arguments without meaningful context of discussion has zero value. Discuss with facts, or vent your frustrations or show your enthusiasm and move on....

(08-27-2022, 06:24 PM)LevelUP Wrote: So in order for Biden's so called "plan" to work you have to: 

Ignore Trump saying this is impossible - No explanation needed. Check
Ignore Nancy Pelosi saying this is impossible - Well, that was then logic. Check
Ignore Dept. of Ed. saying this is impossible - What do they know right? Check
Ignore the written word of law saying this is impossible - Reading is "insert your excuse." Check.

Who cares, Biden already did the executive order. So now what happens? That's what we want to know.

1. This won't be resolved until after the elections. How convenient!
2. There will be a legal challenge

So this bring us to legal precedent

The Supreme Court recently struck down CDC’s eviction moratorium and the Vaccine Mandate on large employers citing that the COVID-19 pandemic national emergency isn't enough to justify the executive branch going around the legislative branch.

Now for the 3rd time, they are trying to push through student loan forgiveness using the same COVID-19 pandemic national emergency to justify the executive branch going around the legislative branch.

Wrap up

Will the "plan" work? Odds are slim but it's possible. It's not an easy process to do these legal challenges. You have to do a lot of judge shopping. Make the wrong legal argument or get the wrong judges and the legal challenges fail.

So I hate to rain in on your parade. One way or another I don't care but it will be interesting how this all plays out. Betting on this working is kind of like investing in Elon Goat Token. (Currently down 99.38%)