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"If it was an emergency, why wait three years to provide the forgiveness? Why present it in a political framework, as fulfilling a campaign promise?" said one higher education expert.
The article explains the broader issues at stake in these cases, and why the Court would do well to rule against the administration.
Legal scholar Michael Dorf claims Supreme Court should rule on this basis. But the doctrine doesn't apply to this case, and is dubious anyway.
Legislators will increasingly argue over how to spend a diminishing discretionary budget while overall spending simultaneously explodes.
A few thoughts on the states' brief and their amici
arguing against standing, even though the program is unlawful.
New changes to income-driven repayment plans announced Tuesday would essentially turn student loans into government grants.
Plus: The editors look back on what pieces of cultural media impacted them the most this year.
If political pressure to forgive debt can work once, why wouldn't it work again every five or 10 years?
As the Court agrees to take up yet another case against the Education Department's loan forgiveness plan, Biden's goal of forgiving billions in student loans seems increasingly doomed.
Like the first case, it will be argued in February. In the meantime, the plan remains blocked.
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
On Wednesday, a federal appeals court denied the Biden administration's request to block a Texas judge's ruling that declared the policy unconstitutional.
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
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Private property was the solution to their failed experiment. But people keep repeating the Pilgrims' mistakes.
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
On Monday, a federal appeals court placed an injunction on Biden's student loan forgiveness plan, marking the second major setback for the proposal in recent days.
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
A federal appeals court has entered a nationwide injunction pending appeal in Missouri's lawsuit against President Biden's student loan forgiveness policy.
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The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
The lack of statutory authority is the main issue raised by legal challenges to the plan.
It's the first of several court challenges to achieve any level of success. The Supreme Court rejected a separate challenge on Friday.
The ruling is based on badly flawed reasoning, and may well be overturned on appeal. Even if it isn't, the plaintiff states have an obvious way to get around it.
The new survey, released by Data for Progress, could spell trouble for Democrats hoping for gains in November following Biden's debt relief plan.
This latest expense is yet more evidence that sweeping student loan forgiveness will end up doing considerable economic harm.
The Department of Education has no idea how to project the costs of its own programs, and Biden's student loan forgiveness plan will be no exception.
His administration has expanded deficits by $400 billion more than expected, even before we count recent spending.
A federal judge denied PLF's motion to block implementation of the policy. But denial is "without prejudice," and PLF can quickly refile the case.
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
According to a new report for the Congressional Budget Office, student loan debt forgiveness will likely completely wipe out gains made by the Inflation Reduction Act—and then some.
"This isn't how laws are supposed to be made," says Caleb Kruckenberg, an attorney with the Pacific Legal Foundation.
But Biden can't forgive billions of dollars in student loans if the COVID-19 national emergency is over.
Plus: The editors have gripes with Biden’s recent interview on 60 Minutes.
If the pandemic is over, then how is the supposed emergency move justified?
In six states, accepting student loan forgiveness is likely to result in an increased tax bill.
Even as gas prices continued to tumble, rising prices for food and housing pushed inflation higher in August and proved that prices aren't cooling off yet.
The likely answer is "yes." There are three types of potential litigants who probably qualify.
Relying on Section 432(a) of the Higher Education Act of 1965, as some propose, has many of the same flaws as the Administration's emergency powers theory.
Like Trump's policy, it's an illegal usurpation of Congress' power of the purse under a dubious emergency power pretext.
New poll shows majority of Americans oppose student loan forgiveness once they become aware of the obvious tradeoffs involved, like higher inflation and rising tuition prices.
From student debt cancellation to green subsidies, the White House is giving handouts paid for by hardworking lower-wage Americans.
The venerable champion of civil liberties is increasingly indistinguishable from myriad progressive advocacy groups.
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