G. McConway
November 19, 2022

White House Files Emergency Appeal with Supreme Court to Save Student Loan Forgiveness

Joe Biden has decided to go all-in on his student loan forgiveness plan.

With the elections over and votes in hand, he finally wants to get the issue settled.

Now, an order that was considered unconstitutional from the outset will go before the Supreme Court.

Settle It

At question is whether Joe Biden has the singlehanded authority to issue an order that will cost American taxpayers roughly $500 billion.

There are also economic impacts to consider, but they will not be the court's concern here.

Most of the constitutional experts that I have read on this, save the ones in the back pocket of this administration, believe the order was over the line.

The order's size and scope should be handled through proper congressional legislation, not with the swipe of a pen at the Resolute Desk.

In its emergency appeal to the Supreme Court, the administration stated, "The Eighth Circuit's erroneous injunction leaves millions of economically vulnerable borrowers in limbo, uncertain about the size of their debt and unable to make financial decisions with an accurate understanding of their future repayment obligations."

The appeal continues, "This Court should vacate, or at minimum narrow, the injunction pending appeal entered by the court of appeals.

"If, however, the Court declines to vacate the injunction, it may wish to construe this application as a petition for a writ of certiorari before judgment, grant the petition, and set this case for expedited briefing and argument this Term."

The order was blocked by Judge Mark Pittman, who wrote, "Whether the Program constitutes good public policy is not the role of this Court to determine.

"Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States."

The Eight Circuit falls under the jurisdiction of Justice Kavanaugh, so I am not expecting a favorable ruling for this administration.

While Kavanaugh has wandered across the aisle in other judgments, this one seems somewhat cut and dry to me.

I am also fairly confident that if and when the case goes before the court to be argued, the program will be struck down with a recommendation of congressional legislation, not an executive order, to execute such a plan.

With the GOP now holding the House, that legislation will never see the floor.

Source: Fox News

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