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Culture War Roundup for the week of July 15, 2024

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They were told it’s unconstitutional.

Only in the trivial sense that every time the President breaks a law he also violates the Take Care clause. Biden v Nebraska was a statutory interpretation case which held that the clause in the HEROES act allowing the Secretary of Education to waive or modify student loans in connection with a national emergency (which COVID qualified as) didn't extend to the kind of broad-based loan forgiveness that the Biden administration wanted to do.

They did it anyway.

Having been told that he couldn't use the HEROES act, Biden looked around for other sources of statutory authority which didn't involve such a big stretch. The biggies are Publicig Service Loan Forgiveness (The statutes say that the government can discharge student loans if someone works for the government or certain other "public service" employers for ten years. This used to be almost impossible to claim because of paperwork requirements, but Biden just cancelled the loans for anyone whose employment record showed the required ten years of public service.) and income-based repayment (The statute allows the Secretary of Education to define rates and thresholds, and Biden made them a lot more generous). These are also going to end up in front of SCOTUS, but if statutes are interpreted to mean what they say Biden would win. But this Supreme Court has tended to interpret delegations of power more narrowly than you or I would based on reading the statutory text because they don't trust Congress to protect its own Constitutional role.

I don't even think this is "exploiting loopholes" at this stage. Congress intended to give the Executive broad discretion to write off student loans for borrowers who were struggling to repay them, and they did. Congress may or may not have intended that discretion to extend as far as Biden is taking it - the answer is probably mu because Congress notoriously doesn't have a brain and can't intend things other than explicitly. If America had a functioning Congress, Congress could have said what it meant. As we are, the administration and the Courts are butting heads over who gets to decide questions that Congress negligently chose not to.