In case you were wondering whether or not Biden’s rather abrupt decision to cancel student debt was legal or not, wonder no further: It wasn’t.
And, due to the rather brazen illegality of the Biden administration’s actions, it was only a matter of time before the White House faced a lawsuit for its utterly illegal reallocation of taxpayer funds, a reallocation that is, by law, only authorized by Congress.
Not only did the White House disregard basic checks and balances, but it also used the most dubious legal justification possible to do so, as in no allocation at all, as detailed in the formal complaint, which can be read in its entirety here.
“Student debt cancellation has been the subject of great debate in America for at least a decade. Some argue that the government should provide relief to students to offset skyrocketing tuition costs and the consequent debt incurred by many to attend college,” the complaint begins.
Well, the “skyrocketing” costs are certainly unconscionable, but it’s not exactly as if one goes into college not knowing the costs … after all, one can’t register for classes without paying off their debts in full.
Moreover, did it ever occur to the White House to interrogate woke university officials as to why they have opted to price gouge allegedly vulnerable individuals?
Apparently not, as there’s nothing but crickets to be heard in that context.
The lawsuit also indicated another rather compelling argument: the regressive punishment of blanket student debt forgiveness.
“Others point to the regressive quality of student debt relief, arguing that it is unfair to cancel student debts that were freely assumed with taxes raised from those who predominately have not attended college, or attended but avoided debt, or paid it off,” the lawsuit continued.
In other words, the fiscally responsible are punished for the decisions of the fiscally irresponsible. Otherwise known as the Democrat way.
Even more astonishingly, contrary to media-spread belief, Congress already has appropriated funding for various debt relief packages, which the lawsuit details.
“Congress has authorized a variety of student debt relief programs, including the Public Service Loan Forgiveness program, by which some debt is written off for students who choose to work in relatively lower-paying public service or non-profit organization positions after graduation and follow program rules for a period of years,” the lawsuit added.
In other words, Congress has reached agreements regarding loan cancellation provided students literally work off their debt or pay back to society in some way.
Heaven forbid such a simple requirement is requested of the snowflake generation.
They’ll probably be “offended” by being asked to repay debts they willingly took on to receive a full-on, Marxist indoctrination.
“Purporting to step into the breach left by Congress, and making good on a campaign promise, the President in August announced that his administration would, by October, begin canceling between $10,000 and $20,000 of loan debts categorically – without respect to hardship or Congressionally authorized program rules – for more than 40 million borrowers,” the lawsuit added.
Clearly, the White House is banking on 40 million votes straight down the line for Democrats in doing so. In all likelihood, such a midterms model was worked up before making such an announcement to the nation.
Then the lawsuit gets into the really juicy stuff.
“The authority for this $500 billion write-off, according to the administration, can be found in a 2003 law passed in response to the Iraq war as a means of aiding veterans and their families. This law – the Higher Education Relief Opportunities for Students or ‘HEROES’ Act – authorizes the Secretary of Education to ‘waive or modify any statutory or regulatory provision applicable to’ student aid programs when ‘necessary in connection with a war or other military operation or national emergency,’” the lawsuit noted.
So, in other words, Biden literally invoked the same legislation used for Iraq War veterans, who risked their lives for the nation, as a cheap midterms trick? Well, not cheap at all to taxpayers, but cheap and easy for the White House to do.
Moreover, in what remote context are these students, with the exception of active military students, subject to “war or other military operation?” Or constant “national emergency?”
And that’s precisely when the Dems’ favorite friend, COVID, rears its ugly head again.
As Biden clearly couldn’t make the argument that anti-police students would be remotely near “military operations,” he decided instead that all the protesting snowflakes live in a state of constant emergency due to the pandemic.
That’s right: Debts taken out years ago can apparently be excused because of COVID.
“Importantly, to qualify for such a waiver or modification, individuals must reside or be employed in a ‘disaster area’ as declared by a ‘Federal, State, or local official in connection with a national emergency.’ Concluding that the entire nation is a ‘disaster area’ because of the COVID pandemic, the administration claims that the Secretary of Education has the power to ‘automatically’ issue blanket loan forgiveness to 8 million borrowers in the first week of October,” the lawsuit observed.
COVID. The gift that keeps on giving.
In which context doesn’t COVID work for the Democrats? One would almost think they had a hand in its lab-born development … Like Fauci did.
Even without the insane justification of COVID, Biden stepped way out of line, as detailed by Pacific Legal Foundation senior attorney Steve Simpson.
“Cancelling student debt is unjust to those who have paid their loans or never took any. It will only lead to more calls for government intervention in education at taxpayers’ expense. Loan cancellation will make Americans more divided, as those who paid their loans – or never went to college – will have good reason to think that we no longer have a government of, by, and for the people,” Simpson declared.
Looks like the President of so-called Unity just got a whole lot more divisive.
Author: Ofelia Thornton