Can someone poast a link? I missed this issue.***

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Some good thoughts from the WSJ ed board on the topic:

Feb 24, 2024, 12:00 AM

Biden’s Student Loan Boast: The Supreme Court ‘Didn’t Stop Me’
The President ignores the law again as he forgives more student debt. The total is now $138 billion and counting.

American Presidents may not like Supreme Court decisions, but most since Andrew Jackson haven’t bragged about defying its rulings. Not even Donald Trump. Then there’s President Biden, who, while canceling more student debt this week, boasted about ignoring the Supreme Court’s landmark 2023 ruling that his previous loan forgiveness plan was illegal.
Speaking in Culver City, Calif., on Wednesday, Mr. Biden said his original plan to “provide millions of working families with debt relief for their college student debt” was derailed by “MAGA Republicans” and “special interests” who challenged the plan in court. “The Supreme Court blocked it,” Mr. Biden added, “but that didn’t stop me.” He apparently thinks defying the law is a virtue.
On Wednesday Mr. Biden wrote off another $1.2 billion in student-loan debt, bringing the total amount he has canceled to some $138 billion. That’s not as much as the $400 billion debt cancellation a 6-3 Supreme Court majority struck down last summer, but it’s still a handout to 3.9 million borrowers.
He’s not really cancelling anything because he’s transferring the debt from the borrowers it benefited to the taxpayers who will finance it with higher taxes or interest payments on the rising national debt.
Under his Saving on a Valuable Education (SAVE) plan, President Unstoppable is offering loan forgiveness through income-driven repayment plans. Borrowers used to be expected to pay 10% of the portion of their discretionary income that exceeds 150% of the federal poverty level ($22,590 for individuals) for 20 years after which their loans are forgiven. The Biden plan reduces the payments to 5% of their discretionary income above 225% of the poverty level.
The Education Department says borrowers will also be eligible for loan forgiveness if they are enrolled in the SAVE plan, have been making payments for 10 years, and had total original debt of less than $12,000. Those with larger loan amounts will also be eligible for forgiveness on a sliding scale.
Missouri had standing to challenge the first Biden loan forgiveness plan because its loan servicer would be adversely affected if borrowers stopped paying their loans. In overturning that Biden diktat, the Court said Mr. Biden had acted without proper Congressional authority and thus violated the Constitution’s separation of powers.
Mr. Biden’s method of loan forgiveness has changed, but the same legal principles apply. We hope states and other plaintiffs harmed by Mr. Biden’s debt transfer to taxpayers are already looking to sue.
Mr. Biden is boasting about his debt forgiveness because he is desperate to get young voters to support him again in November. His 2020 coalition is splintering, and younger voters aren’t thrilled with his leadership or the results of his economic policies. His debt forgiveness scheme is as flagrant a vote-buying ploy as we can remember.
But the costs are high, and they aren’t merely to the federal fisc. The forgiveness skews to upper-income borrowers who have attended college at the expense of those who don’t. It is grossly unfair.
It also punishes parents and students who have saved to pay for college without loans, or who sacrificed consumption after college to repay them. Mr. Biden’s scheme does nothing to reform student lending, so it increases the incentive for students to borrow more and colleges to raise tuition knowing all or nearly all will be forgiven eventually.
But worst of all is Mr. Biden’s blatant rejection of the law, even after the Supreme Court called him out. Is it any wonder that GOP voters don’t take Democratic alarms about losing democracy seriously? Mr. Biden doesn’t take his own warnings seriously.

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They don't go into why they think the "same legal principles apply" with the SAVE plan (or any of PSLF modifications) versus the HEROES ACT's modification when the reasoning given in Biden v. Nebraska will not apply to the SAVE ACT or PSLF (Biden Admin didn't modify the plan outside of their legal authority). In fact...

This is from "Biden v. Nebraska":

""So too here, where the Secretary of Education claims the
authority, on his own, to release 43 million borrowers from
their obligations to repay $430 billion in student loans. The
Secretary has never previously claimed powers of this mag-
nitude under the HEROES Act. As we have already noted,
past waivers and modifications issued under the Act have
been extremely modest and narrow in scope. The Act has
been used only once before to waive or modify a provision
related to debt cancellation: In 2003, the Secretary waived
the requirement that borrowers seeking loan forgiveness
under the Education Act’s public service discharge provi-
sions “perform uninterrupted, otherwise qualifying service
for a specified length of time (for example, one year) or for
consecutive periods of time, such as 5 consecutive years.”
68 Fed. Reg. 69317. That waiver simply eased the require-
ment that service be uninterrupted to qualify for the public
service loan forgiveness program. In sum, “[n]o regulation
premised on” the HEROES Act “has even begun to ap-
proach the size or scope” of the Secretary’s program.""

They are citing similar modifications to PSLF (similar in scale to the SAVE plan) to show the difference in scope as being the main contributing factor in why they are striking it down. New reasoning will have to be applied or at least narrowed down to apply to striking down SAVE or PSLF.

Also from Biden v. Nebraska:

""Specifically, the Secretary can cancel a set amount of loans held
by some public servants—including teachers, members of
the Armed Forces, Peace Corps volunteers, law enforce-
ment and corrections officers, firefighters, nurses, and li-
brarians—who work in their professions for a minimum
number of years. 3Cite as: 600 U. S. ____ (2023)
Opinion of the Court""

For the other PSLF savings Biden has forgiven, The 95% you bring up comes from counting money paid through other loan programs (that are now defunct), and other administrative obstructions that have clogged the system. It's not a "rewriting" but a clearing up of issues already in the code. To fix things like this from happening:

https://www.marketwatch.com/story/this-government-loan-forgiveness-program-has-rejected-99-of-borrowers-so-far-2018-09-20?mod=article_inline

**Clearly the writer of that Op-ed is not the same one as the one who wrote in favor of the Immigration Bill or if it is, they are trying to regain favor. The continued use of "Mr. Biden" instead of "President Biden," "handout," "President Unstoppable," and "diktat" as examples are red flags of partisan thinking that should give anyone reading that with non-partisan eyes pause.

I do think some of the political points are right though that it's clearly a vote-getting attempt and doesn't do anything to reform student lending. Though for the most flagrant "vote-getting attempt" I'm reminded of Trump putting his signature on stimulus checks.

Can anyone give an example of anything more criminal than openly defying a SC

Thinking about this as unbiased as I possibly can,

An outside plaintiff has to bring suit (ie. a state AG or someone), but then it

An outside plaintiff did bring suit, which got

Biden has slightly altered the administration guidelines... No enforcement.***

It feels like the Dems pushing yet another boundary

Re: It feels like the Dems pushing yet another boundary

Re: Biden has slightly altered the administration guidelines... No enforcement.***

If Pubs hadn't already shot their wad on impeachment, this would be a good

Re: Thinking about this as unbiased as I possibly can,

#DarkBrandon***

Re: #DarkBrandon***

Sometimes you just need to hide the 'flash'...***

They ruled the debt couldn't be forgiven under the HEROES ACT...

Read my comment below:

The PSLF policy (from 2007) (and IDRs like SAVE plan)...

Hes a dictator, period.***

okay.***

The rationales behind rejecting HEROES are exactly the same mechanisms employed

Re: Can anyone give an example of anything more criminal than openly defying a SC

What Democrats scream that Trump will do

Re: What Democrats scream that Trump will do

So lets arrest Governor Abbott! Let the Border Patrol remove the razor wire!

Game.***

How do you figure???

The SC ruling states that in the interim, the Border Patrol has jurisdiction

Where do you see that?

Oh I wasn't making any other point that I'd like to just start arresting people.***

I'm ok with that.***

Because hes doing it by forgiving loans that should have

That's quite an overly-vague synopsis.

No what the SC ruled was was that particular HEROES act forgiveness

Re: No what the SC ruled was was that particular HEROES act forgiveness

Whats illegal about it?***

Re: Whats illegal about it?***

Some good thoughts from the WSJ ed board on the topic:

They make good political points, but not legal ones....

Re: They make good political points, but not legal ones....

he's right***

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