This plan required an act of Congress, the president acted unilaterally and illegally in instituting the plan. The president isn’t a dictator, he must go through congress for quite a number of things.
Except this wasn’t enacted by the president but by the Secretary of Education under the Biden administration and the power was given to them by congress as part of the HEROES act.
If the supreme court wasn’t corrupt, they might have still struck this down but not under the cases that reached the supreme court. The fact that they found the original cases to have standing is actually insane and it’s likely to open a can of worms because they were basically:
“it’s not fair for only certain groups to benefit from government programs.”
Do you know how many things are going to be challenged now? And, for it not to create chaos, these new challenges will have to go to the supreme court again where they will have to do mental gymnastics to backpedal on why their decision applies here but not on whatever weird future cases. Jesus what a circus.
The extent of the power of the HEROES act is debatable and thus why this has reached the supreme court. If you read it, the HEROES act was very vague the begin with, as these things often out in our messed up legal system. Like I said. They could argue against or for the HEROES ability to grant this power and they could easily argue it either way because that’s how our legal system works. But, that they did it with these cases is still insane because the sanding for these cases is wacko.
The standing wasnt wacko. You’re just not informed about the facts of the case. Missouri stood to lose about 44mil/yr or somewhere around there. That’s legitimate standing, regardless of your politics.
If that’s what the cases were actually about, I would support you. But the entity that has standing for that argument is MOHELA and they didn’t want to be a part of it. The cases that were presented had nothing to do with what Missouri had to lose financially.
They don’t need standing because they’re the supreme court. They literally just ruled on a theoretical case which was bananas in another decision. If you can actually show me their standing that isn’t total bullshit, please direct me to it.
This court case doesn’t actually impact me. I don’t live in the US anymore.
At least Missouri has standing to challenge the Secretary’s pro-
gram. Article III requires a plaintiff to have suffered an injury in
fact—a concrete and imminent harm to a legally protected interest,
like property or money—that is fairly traceable to the challenged con-
duct and likely to be redressed by the lawsuit. Lujan v. Defenders of
Wildlife, 504 U. S. 555, 560–561. Here, as the Government concedes,
the Secretary’s plan would cost MOHELA, a nonprofit government cor-
poration created by Missouri to participate in the student loan market,
an estimated $44 million a year in fees. MOHELA is, by law and func-
tion, an instrumentality of Missouri: Labeled an “instrumentality” by
the State, it was created by the State, is supervised by the State, and
serves a public function. The harm to MOHELA in the performance of
its public function is necessarily a direct injury to Missouri itself. The
Court reached a similar conclusion 70 years ago in Arkansas v. Texas,
346 U. S. 368.
The Secretary emphasizes that, as a public corporation, MOHELA
has a legal personality separate from the State. But such an instru-
mentality—created and supervised by the State to serve a public func-
tion—remains “(for many purposes at least) part of the Government
itself.” Lebron v. National Railroad Passenger Corporation, 513 U. S.
374, 397. The Secretary also contends that because MOHELA can sue
on its own behalf, it—not Missouri—must be the one to sue. But where
a State has been harmed in carrying out its responsibilities, the fact
that it chose to exercise its authority through a public corporation it
created and controls does not bar the State from suing to remedy that
harm itself. See Arkansas, 346 U. S. 368. With Article III satisfied,
the Court need not consider the States’ other standing arguments.
You can just read it yourself. It’s all explained for you. You just don’t like it.
Check my comment on one of the other threads, Missouri didn’t stand to lose anything. MOHELA doesn’t pay anything to the state, so even if there was some constitutional right to profit for companies, MOHELA would be the injured party, not the state of Missouri
If MOHELA would have been damaged (and they would have), then Missouri would necessarily be damaged as well. I don’t need to look at your other comment to know it’s wrong.
The decision is ridiculously ambiguous. The law is garbage, but the ruling is basically “well yeah, you can technically change loans, but not that much!” Congress should immediately repeal the law if it can just be used by the judicial to only implement what THEY want.
Strange though how the previous president doing the exact same thing but with ppp loans for businesses was all fine and dandy. Yes, yes, totally not a political judgement at all, nothing to see here
Hopefully congress figures something out because having the entire working class occupied with paying exorbitant interest on rediculous loans is about to fuck our economy up big time.
He isn’t going to be put in jail or anything no. He attempted to use a power he does not have. If the president wants this program to become a thing, an act of congress is required.
The amount of mental gymnastics this court has used to strike down years of precedent is insane. Can anyone actually still look at their rulings anymore and genuinely say that they aren’t just making rulings based on their personal beliefs and bias? Tomorrow it will be illegal to own gold fish if they decided that was in the bible.
Oh honey, Kavanaugh literally made a ruling about a week ago that contradicts this one. But yeah. You’re actually right. They didn’t use mental gymnastics. They were too lazy for even that. They’re just saying no and contradicting themselves with almost zero justification as to why.
Yea, but that’s the thing. You’re saying that doesn’t mean it’s true. And if you can read, you’ll understand why they came to two separate decisions in two separate cases that have totally different underlying facts.
But, you know… You seem to either be ABLE to read and choose not to, or you are just saying shit to say shit without having read anything.
This plan required an act of Congress, the president acted unilaterally and illegally in instituting the plan. The president isn’t a dictator, he must go through congress for quite a number of things.
Except this wasn’t enacted by the president but by the Secretary of Education under the Biden administration and the power was given to them by congress as part of the HEROES act.
If the supreme court wasn’t corrupt, they might have still struck this down but not under the cases that reached the supreme court. The fact that they found the original cases to have standing is actually insane and it’s likely to open a can of worms because they were basically:
“it’s not fair for only certain groups to benefit from government programs.”
Do you know how many things are going to be challenged now? And, for it not to create chaos, these new challenges will have to go to the supreme court again where they will have to do mental gymnastics to backpedal on why their decision applies here but not on whatever weird future cases. Jesus what a circus.
It very specifically was not, and that is the issue.
" The HEROES Act … does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal."
The extent of the power of the HEROES act is debatable and thus why this has reached the supreme court. If you read it, the HEROES act was very vague the begin with, as these things often out in our messed up legal system. Like I said. They could argue against or for the HEROES ability to grant this power and they could easily argue it either way because that’s how our legal system works. But, that they did it with these cases is still insane because the sanding for these cases is wacko.
The standing wasnt wacko. You’re just not informed about the facts of the case. Missouri stood to lose about 44mil/yr or somewhere around there. That’s legitimate standing, regardless of your politics.
If that’s what the cases were actually about, I would support you. But the entity that has standing for that argument is MOHELA and they didn’t want to be a part of it. The cases that were presented had nothing to do with what Missouri had to lose financially.
You can can call whatever you want. They still had standing, and proved it.
You’re just mad you didn’t get a free voucher.
They don’t need standing because they’re the supreme court. They literally just ruled on a theoretical case which was bananas in another decision. If you can actually show me their standing that isn’t total bullshit, please direct me to it.
This court case doesn’t actually impact me. I don’t live in the US anymore.
You can just read it yourself. It’s all explained for you. You just don’t like it.
Check my comment on one of the other threads, Missouri didn’t stand to lose anything. MOHELA doesn’t pay anything to the state, so even if there was some constitutional right to profit for companies, MOHELA would be the injured party, not the state of Missouri
If MOHELA would have been damaged (and they would have), then Missouri would necessarily be damaged as well. I don’t need to look at your other comment to know it’s wrong.
The decision is ridiculously ambiguous. The law is garbage, but the ruling is basically “well yeah, you can technically change loans, but not that much!” Congress should immediately repeal the law if it can just be used by the judicial to only implement what THEY want.
Strange though how the previous president doing the exact same thing but with ppp loans for businesses was all fine and dandy. Yes, yes, totally not a political judgement at all, nothing to see here
PPP was specifically authorized via an act of congress, the thing that the current president did not have.
Hopefully congress figures something out because having the entire working class occupied with paying exorbitant interest on rediculous loans is about to fuck our economy up big time.
wrong
The president acted as he did and the system of checks and balances played a role.
He is absolutely allowed to do that. It is not “illegal”
He isn’t going to be put in jail or anything no. He attempted to use a power he does not have. If the president wants this program to become a thing, an act of congress is required.
I mean, he’s literally not. That’s the whole point of the ruling.
What he did was deemed “illegal” by the court, which means he can’t do it…
The amount of mental gymnastics this court has used to strike down years of precedent is insane. Can anyone actually still look at their rulings anymore and genuinely say that they aren’t just making rulings based on their personal beliefs and bias? Tomorrow it will be illegal to own gold fish if they decided that was in the bible.
There’s no mental gymnastics in this one. You just don’t agree with them.
Oh honey, Kavanaugh literally made a ruling about a week ago that contradicts this one. But yeah. You’re actually right. They didn’t use mental gymnastics. They were too lazy for even that. They’re just saying no and contradicting themselves with almost zero justification as to why.
Yea, i mean, if you can’t read, i could certainly see how you could conflate the two cases. But they’re not the same. So…
Dumb point.
What? I didn’t conflate them. I said the foundational arguments contradict each other and thus their own precedent.
Yea, but that’s the thing. You’re saying that doesn’t mean it’s true. And if you can read, you’ll understand why they came to two separate decisions in two separate cases that have totally different underlying facts.
But, you know… You seem to either be ABLE to read and choose not to, or you are just saying shit to say shit without having read anything.