A U.S. judge has blocked Biden's new sweeping student loan forgiveness plan before his administration could even roll it out. What borrowers need to know.
Congress (i.e. the GOP) won’t budge on this issue and this is at least the 3rd attempt he’s made to forgive loans. Only thing left to do is invoke his “King powers” to do it anyway.
“By the powers invested in me by the Supreme Court, as an official act President of the United States, I hereby forgive all student loans as delineated in this executive order. It is done. Finito. Come at me scrotus!”
Being immune to prosecution doesn’t mean that any executive order can’t be overturned. He just can’t be prosecuted for crimes committed as part of an official act. He could execute the conservative justices that are blocking the plan, but he can’t just make any proclamation he wants and expect it to carry the force of law.
Except SCOTUS has no enforcement mechanism. They make decisions and the presumption is that everyone else just goes along with it.
Not saying that’s the legal or moral thing to do but if a former President is being given preferential treatment for behavior which is essentially treasonous the new standard is if you’re not punished for it then it’s “legal”.
The Court granted immunity to prosecution (which is fucking insane) but that doesn’t actually give him the ability to forgive all debts. If a court says “no, the debt isn’t canceled” and the debt is still on the books somewhere, the problem remains unsolved. About the only way he can use presidential immunity to fix the problem would be to take out the judges that are blocking it.
The courts don’t control the ledger, the executive does. Biden would likely have to apply downward pressure to get some random employee with access to delete the debt records. At worst they’d get prosecuted federally and Biden would pardon them.
Congress (i.e. the GOP) won’t budge on this issue and this is at least the 3rd attempt he’s made to forgive loans. Only thing left to do is invoke his “King powers” to do it anyway.
“By the powers invested in me by the Supreme Court, as an official act President of the United States, I hereby forgive all student loans as delineated in this executive order. It is done. Finito. Come at me scrotus!”
- I wish
“No you don’t.” -SCOTUS
Being immune to prosecution doesn’t mean that any executive order can’t be overturned. He just can’t be prosecuted for crimes committed as part of an official act. He could execute the conservative justices that are blocking the plan, but he can’t just make any proclamation he wants and expect it to carry the force of law.
Except SCOTUS has no enforcement mechanism. They make decisions and the presumption is that everyone else just goes along with it.
Not saying that’s the legal or moral thing to do but if a former President is being given preferential treatment for behavior which is essentially treasonous the new standard is if you’re not punished for it then it’s “legal”.
Well how is Biden going to enforce it? He can day whatever he wants, but financial organizations will just turn to the courts.
Unless you’re saying he should send men with guns to wipe out debt somehow?
Wish he would. He’s a lame duck. He’s got nothing to lose and forgiving all student debt would likely get more people to vote for democrats.
The Court granted immunity to prosecution (which is fucking insane) but that doesn’t actually give him the ability to forgive all debts. If a court says “no, the debt isn’t canceled” and the debt is still on the books somewhere, the problem remains unsolved. About the only way he can use presidential immunity to fix the problem would be to take out the judges that are blocking it.
The courts don’t control the ledger, the executive does. Biden would likely have to apply downward pressure to get some random employee with access to delete the debt records. At worst they’d get prosecuted federally and Biden would pardon them.
Why would some random employee take that risk though?