re: Amy Coney Barrett Denies Emergency Petition to Stop Biden’s Student Debt Relief Plan

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What’s the legal authority for the President to wipe away loan debt?

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Dear Lord, some of you people have no idea how courts work. The motion before her has nothing to do with the merit of Biden‘s policy. It’s procedural motion on if the filing party has standing. I repeat it has nothing to do with the merits of debt relief. Some of you motherfrickers need to go back to civics.

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Dear Lord, some of you people have no idea how courts work. The motion before her has nothing to do with the merit of Biden‘s policy. It’s procedural motion on if the filing party has standing. I repeat it has nothing to do with the merits of debt relief. Some of you motherfrickers need to go back to civics.

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”If a judge does not completely ignore both procedural and substantive law in order to further my ideological agenda, that judge is an utter piece of shite.” (Extremists of every flavor)

Barrett has been a pleasant surprise for objective observers like me. I had some concerns (maybe 25%) that she had been laying behind the log on the Circuit and would go all ideologue on SCOTUS. So far, she has been a pretty good, objective judge.

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but in my opinion, the president can do that

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based on what?

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in my opinion, the president can do that. I don't have to like it.

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Please provide the constitutional authority for that. I would like to read it.

Can he just forgive any federal taxes he chooses? Just not finding where the authority comes from

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I don't like the student debt relief thing at all but what grounds did they have to ask SCOTUS to step in with that?

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What grounds did basement prez have with granting debt forgiveness when Congress controls the purse, not the prez.

The prez can not legally forgive the debt. This has to go to Congress.

People are scrambling to get an injunction in place because this thing has been such a cluster with no clear timeline in place.
We had people on this board claiming that their debt and/or their spouse’s was already forgiven within the first few days after Biden’s initial statement.
In the early days, it was stated that the forgiveness was going to be automatic, there was no way for people to “opt out.” Then later it was stated that there would be an application to complete.
Last month it was quietly revealed that the deadline to consolidate Perkins and FFEL loans into Direct loans was… the day before. Those loans that hadn’t been consolidated were no longer eligible for forgiveness, despite that guideline never being revealed until after it was too late.

Everything about this has clearly been flying by the seat of Biden’s pants so it’s obvious that groups are trying to find standing and get an injunction in place before anything else happens. At this point it's not all that unreasonable to think people may wake up the morning of November 8 to an email saying "Your loans are forgiven personally by Joe Biden. Don't forget to vote today!"

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Yes it is in some jurisdictions. It is treated as “income” for tax purposes in many states. I believe that there have already been several states that are specifically treating Biden’s dictat forgiving federal student loans as one which creates a taxable “income” to the debtor. To the extent that this creates a tax liability for an individual and that that individual decides he’d rather not be taxed on it, that individual has standing to bring an action at law to challenge Biden’s orders. Not sure how it’ll play out, but I’m betting on a plaintiff popping up in Indiana or even California with a maintainable constitutional challenge to this executive decision. If so, the plaintiff will win on the merits.

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im not for this debt cancellation but lets face it, its happening before it gets decided in court. I also believe there is an option to opt out, so the individual doesn't have to be taxed on it if they so chose. not sure of those implications if they can opt out vs needing to opt in

over 12 million applications sent already, response time expected w/in 6 weeks. thats probably at around 1/4 of the total already in process.

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Explain why this is a disappointing legal decision, assuming of course you aren’t just politically disappointed in the outcome.

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I have not cussed often on this site, but Jesus frick... Article 1 of the US Constitution (The Supreme Law of the Land) specifically states that is the role of the legislature to, "To borrow Money on the credit of the United States."

Not the executive. Congress (the legislature) was solely given the power to allocate and spend fund, not anybody else. This is grade school shite. Spending money (ask the IRS) whether this is money created out of nowhere that nobody has any accountability for is not a power the executive is supposed to have. The legislature spends money, the executive is not supposed to create debts of 30% of our federal budget by news conference.

Did Obama really have the power to assume the ability to federalize all student loans in 2010 to begin with? Who knows But clearly he made it better.

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Since it simply isn’t possible that she applied the correct legal principles to the procedural motion before her?

It has to be that she is terrible because you don’t like the ultimate outcome? I bet there isn’t a judge in existence that you would support.

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Agreed, the court should not make decisions in such matters, its what congress is for.