Washington Post: Yes, the Biden Loan Forgiveness May Be Unconstitutional But…

The Washington Post is now admitting that President Joe Biden’s college loan forgiveness plan is unconstitutional, but it insists that the “the court shouldn’t stop him.” The reason is standing and the Post is now apparently a standing hawk forced to accept a half trillion dollar give-away to maintain a narrow view of case or controversies under Article III.  The Post previously ran opinion pieces saying that Biden clearly has this authority, but this is an opinion piece from the editors themselves on the subject.

The Post now admits with some of us that Biden “overreached” in his use of the HEROES Act to allow him to unilaterally cancel roughly 500 billion dollars in loan debts. Executive “overreach” is a common reference to exceeding the authority afforded by Article II. The Post describes the action as “bad” and without congressional approval. Of course, giving away half a trillion dollars without congressional approval was the type of unilateral action that the Framers sought to prevent in giving Congress the power of the purse. In other words, it is not just “bad.” It is unconstitutional.

President Biden is using a law designed to help service members and their families deal with debt accrued in fighting for this country. The terms of the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 allows the secretary of education “to waive or modify … financial assistance program requirements … affected by a war, other military operation, or national emergency.” Biden had promised to wipe out tuition debt in the campaign and simply hijacked the Act for that unintended purpose. Putting that aside, the Act ties such relief to an inability to cover such costs due to the war or emergency. The Biden plan would use the law to benefit individuals without such a showing, including many of the 40 million beneficiaries who are relatively wealthy and could pay off the loans.

Various professors including Dalié Jiménez, a law professor at the University of California, Irvine, filed an amicus brief in support of the Administration and claimed that the HEROES Act “is as clear as sunlight” in authorizing the department’s action.

The Office of Legal Counsel, considered the ultimate authority on legal interpretations in the Executive Branch, looked at this issue during the Trump administration. Its memo concluded that “the Secretary does not have statutory authority to provide blanket or mass cancellation, compromise, discharge, or forgiveness of student loan principal balances, and/or to materially modify the repayment amounts or terms thereof, whether due to the COVID-19 pandemic or for any other reason.”

The Biden Office of Legal Counsel issued a new opinion concluding the opposite, due to the ongoing pandemic — a curious argument, since the Biden administration was just in court arguing that the pandemic was effectively over, in order to allow undocumented individuals to enter the country. Citing the Centers for Disease Control and Prevention, the administration sought to stop the enforcement of Title 42, which allowed the government to turn away migrants at the border.

Now, the Post appears to reject the Biden OLC opinion and calls the policy not only unconstitutional “overreach” but “a regressive and expensive mistake.”

It insists, however, that this unconstitutional, regressive and expensive overreach should stand.

I should admit that I have been described as a “standing dove” due to my more liberal view of standing requirements under Article III. I successfully argued in favor of standing for the House of Representatives as a single house and previously argued (unsuccessfully) on behalf of individual Democratic and Republican members seeking “members standing.” I view narrow standing rules as often inimical to the protection of core structural guarantees of the Constitution.

This case is precisely why I have long favored broader standing rules. This is a clearly unconstitutional action by the President that is being defended largely on the basis of, in my view, an unnecessarily narrow view of standing imposed by the courts.

I recently spoke at the University of Maryland with George Mason law professor Ilya Somin, who argues that the claims of Missouri satisfy standing.

At issue is the right of the state to argue the interests of the the Missouri Higher Education Loan Authority (MOHELA) – that services student loans. While MOHELA is an independent agency and is not a party to the lawsuit, Somin argues that detractors confuse this case with prior cases raising individual constitutional injuries: “Unlike individual rights claims, which – on this theory – can only be asserted by people who have suffered specific rights violations, structural claims can be raised by anyone, because structural restrictions on government power provide generalized protection for all Americans.” He believes that standing can be based on existing precedent.

There is a legitimate issue over standing under current case law. It ultimately turns on one’s views on the proper scope of the standing doctrine in raising these structural constitutional concerns. However, the Post, which has previously shown a tendency toward broad interpretations of constitutional provisions, may be premature in citing standing (albeit reluctantly) as a shield for this clearly unconstitutional overreach by President Biden.

125 thoughts on “Washington Post: Yes, the Biden Loan Forgiveness May Be Unconstitutional But…”

  1. Dang. Already breaking my own rule. I would hope that this would be self-explanatory on its face, but this is being published in a major newspaper, and all I can say is, ‘Huh?’. It’s unconstitutional, BUT. . . should not be a phrase that exists in America. The Constitution is so broad, and so open as it is, it should never be the point of contention except to the idiots that can’ read and comprehend it. I find reasons to give the benefit of the doubt for the left in the form of people that really are good and ok, but that modern left in *power* seems to be intent on destroying that good faith on the part of literally everyone else, regardless of persuasion, on a daily basis, and with ever increasing veracity. You all do what you want. The rest of us are just human and want to do our thing peacefully, whomever the heck we are. The modern DNC is not ok with that. I will never support the DNC again as an Independent and at this point, a couple of years after their clown-like/despotic handling of covid, I know with certainty that I am far, far from alone, whatever MSNBC says. If you are still someone relying on the modern ‘news’ on your basic antenna tv channels, then heaven help you. There is very literally today, no there, there. Might as well just be making sh*t up, and the networks do, every day, on the regular. Joy Reid gets paid seven figures to be an idiot mouthpiece; how many figures do you get paid to be the recipient of her idiot mouthing?

    1. *You all do what you want. The rest of us are just human and want to do our thing peacefully, whomever the heck we are. The modern DNC is not ok with that.*

      Au contraire, friend…they are more than ok with that. Of course they won’t stop there, but without this attitude as a starting point, they wouldn’t be able to shove it back in our faces as tolerance, then acceptance, then demand, then law, then crime.

  2. How does a supposedly fair and unbuased newspaper, charged with not expressing opinions but reporting news facts, opine that the Constitution should be overlooked because it is trendy to espouse the liberal thinking on this, or any issue? I went to college like alot of people, and paid my own costs for my 4 years. Do my efforts mean nothing? Does the fact that I worked very hard, saved and scrimped to pay my legal responsibilities mean nothing? Those who owe expenses from ther college of choice need to grow up, be adults instead of whiny victims, and pay what they legally agreed to pay. End of story, except anyone thinking to bypass the Constitutionality of not patronizing a class of people for votes needs to be impeached, jailed, and left to rot in jail for years. In the case of FJB and his cronies, just put him up against the wall for crimes against humanity and be done with it.

  3. I am going to attempt to engage in “wokespeak”.

    The question is not whether it is constitutional or not. The question should be whether it supports some leftist, “progressive” purpose.

    As for those rubes who didn’t go to college or went ahead and pay it off, s@@ew ’em, most of them won’t vote for us anyway.

    Did I miss anything s@@libs?

    antonio

  4. While I hadn’t been following the arguments being made to SCOTUS, I was curious about something…

    The HEROES act was to help those student soldiers that would be at a disadvantage when compared to others.
    Meaning that they had student debt that they owed, but due to their service obligation, they would be at a hardship that put them at a disadvantage to their peers.

    Biden’s actions are not consistent with the law when considering the basic intent of the law.
    (All individuals that had student loans were equally impacted by COVID. )

    Waiving loan repayments is one thing. Loan forgiveness is another and trying to use this act was a joke.
    It was a hollow promise meant to buy votes. I don’t know which is worse. Students who went well in to debt to attend their dream school for a degree that would never afford them the ability to pay back their loans… Or those buying in to Biden’s promise where everyone knew what he was doing was most likely unconstitutional and wouldn’t happen.

    -G

  5. With all the back and forth about standing, how is it anyone cannot appreciate that it is taxpayers who will fund the give away and their generations to follow who will suffer even more the ever growing indebtedness of their government who have the ultimate standing?

    George Mason law professor Ilya Somin succinctly rests the case for the respondents: “Unlike individual rights claims, which – on this theory – can only be asserted by people who have suffered specific rights violations, structural claims can be raised by anyone, because structural restrictions on government power provide generalized protection for all Americans.”

    The intent of still another a law is being subverted for purposes that benefit a select few. It happens all too regularly not to be called for what it is: Politics.

  6. “We agree that the lease on your WaPo building is legitimate, but maybe that shouldn’t matter.”

  7. The Obama virus has infected wide swaths of the administrative state.

    The loan scam was telegraphed back when Obama, by executive fiat took over the college loan program from the private sector and made it part of the Dept of Education. At that time I remember speculation about the ability to just forgive loans.

    This all needs to be restructured. The University system has more than enough cash to structure college education funding using their endowment funds. Very simple market forces will take over and all this woke silliness withers on the vine. Universities will loan money to students and be on the hook if the student fails to meet income requirements to service the loan the college made.
    Why endowments are not the target of government confiscation (through taxation) is a mystery to me.

    1. Taibbi has released another tranche of evidence of the govt influence twitter for political gain.

      This time it is yet another virus placed by Obama in the State Dept. The creation of the Global Engagement Center. Yet another political outpost inside the Administrative state.

      As noted by Taibbi, the GEC was funded mostly from the Pentagon and the financial outlays were to various leftist organizations who constructed the Trump-Russia narrative.

      The outcome of the original deception created a need for the illusion of “foreign influence agents” in U.S. social media, specifically in this instance, Twitter. The GEC was created as a targeting system to label any voice adverse to the Obama interests as a “foreign actor.

      Accept that reality and suddenly you realize the GEC activity is creating a legal mechanism to do metadata surveillance on the account (an actual person) and all of their contacts. Think of it like FISA Title-1 search warrants applied domestically to social media

      1. “Taibbi has released another tranche of evidence . . .”

        Thank you for staying on top of this and for publicizing it.

        Those fascist attempts to chip away at free speech are the gravest threat to our freedom.

  8. How about the people who signed and took out the loans just pay them back?

  9. How much analysis does a raw vote-buying scheme really need or deserve?

  10. What about the feds adopting taxpayer standing like some states do?

    With taxpayer standing, individuals have standing to challenge governmental use of public funds under certain conditions. A typical list of such conditions is: the governmental action would otherwise go unchallenged; those directly and immediately affected by the complained of matter are beneficially affected and not inclined to challenge the action; judicial relief is appropriate; and redress through other channels is unavailable.

  11. I think that the years 2021 and 2022 will go down in American history as among the worst. It was during these years that destructive and deadly riots by organized criminal conspirators were allowed to go unchecked and unpunished while a January 6 disorganized group of protestors are being salted away for long prison sentences; it was during these years that the Department of Justice and FBI were weaponized against the political opponents of the Democrats; it was during these years that the rights of a tiny minority were allowed to strip away the rights of the majority in matters ranging from female sports to boys using girls’ bathrooms; it was during these years that teachers who insisted on teaching the youngest of our children about sexual intimacy were promoted instead of being locked away as predators or groomers; it was during these years that military preparedness was given second place to wokeism and the “proper” use of pronouns; and, it was during these years that individuals, who in years past circuses would have charged the public to see, were appointed to high level government positions. Now, adding to this litany, is relieving student debtors (whom polls show care little about this country) from any responsibility for their loans while making sure that the rest of us pay what is owed so the banks lose no money. All of these do have one thing in common, the election of Joe Biden whom even the least attentive could tell not only was corrupt to the core (and always had been) but also had and has dementia.

    1. Honest, PERFECT! I am showing my age here but worse that ’68. Even with Tet Offensive, Kennedy assassination and Chicago Democratic Convention.

    2. WOW! What a diatribe of delusional misrepresenations. First of all, Jan 6th WAS organized, and the people there were NOT protestors–did you see the J6 Committee hearings? A British reporter was embedded with the Proud Boys and went with them on reconnaissance missions prior to Jan 6th, to plot the most-vulnerable points of entry into the Capitol and how they could distract the police at one point, leaving another point more vulnerable–for what purpose? To protest? Protest what? The fact that Trump lost, fair and square? Trump knew he lost, and riled up his fans to try to prevent Congress from accepting certified vote totals as a last desperate measure to hang onto power he stole in the first place. They went there at Trump’s behest–not to protest, but to take over and prevent the peaceful transfer of power. They had a cache of weapons at a Virginia motel room across the Potomoc, waiting for Trump to show up and lead them, as he promised. That’s NOT a protest–that’s an insurection. The riots that got out of control after George Floyd’s murder were NOT organized by anyone–they were spontaneous. Those who attacked the Capitol committed crimes, mostly recorded, and deserve prison.

      You are lying about the DOJ and FBI being “weaponized” by Biden–that was Trump who did that. There are NO teachers instrucing young children about “sexual intimacy”, either–that’s just another culture wars lie to hook the gullibles. And you don’t know anything about student loans, either. Statistically, in most cases, the principal has been paid back. The “loans” are held by investors who are greedy to get the guaranteed interest payments from the government and the right to snatch away tax refunds from former students who default. They roll late fees and interest into the balance, and then start charging interest and late fees on the bloated balance. The former student cannot discharge these loans in bankruptcy, even if they become disabled, and there’s no statute of limitations for going after them. This is why in many cases, the loans will outlive the student. There are limits to the amount of debt forgiven and income limits on those who qualify. It’s not total forgiveness.

      And, no matter how many times you MAGA mavens keep saying it, Joe Biden is neither corrupt nor suffering from dementia. What crimes has he been charged with or convicted of? Name one. He has accomplished more in the first 2 years of his presidency than any president since FDR, he reversed the public health crisis caused by Trump’s utter incompetency and dishonesty, he mended the rifts with our EU and NATO allies, he got COVID under control, passed an infrastructure act, a COVID relief act, got our economy back on track and has already gotten more bills passed with bipartisan support than Trump ever could. Stop the lying, please.

      1. “First of all, Jan 6th WAS organized”
        And yet the DOJ’s star witness just testified under oath that it was not.
        Of course some of this hinges on what does Orgainized mean ?

        Obviously people “conspired” to go to the Capitol to protest.
        Obviously people “organized” and coordinated doing so.

        Ordinary people “conspire, coordinate, and organize” legal actions all the time.

        “the people there were NOT protestors”
        Correct, some were antifa infiltrators, some were FBI agents.
        There were lots of people who were not protestors.

        “did you see the J6 Committee hearings?”
        Again the DOJ’s star witness just testified that he LIED under oath to the J6 committee.
        Almost no one watched that clown show because you can not get to the truth in a star chamber.
        Had anyone cross examined any of these witnesses – ACTUALLY cross examined them – we might be better able to judge their testimony. Today we can not, Lying to the J6 committee was the rule of the day, if you gave them what they wanted, they did not care if it was True. No one was going to be prosecuted for perjury – so long as that perjury fit the J6 committee’s narative. This is the price you pay for conducting a star chamber.

        “A British reporter was embedded with the Proud Boys and went with them on reconnaissance missions prior to Jan 6th, to plot the most-vulnerable points of entry into the Capitol and how they could distract the police at one point, leaving another point more vulnerable–for what purpose?”
        That is not consistent with the testimony being given in the “sedition hearings” – where the testimony of Government witnesses is that no one went to Washington ahead of time. and in fact the leaders did not go to washington at all.

        Regardless, this “reconessis” claim has been debunked before. It is also an example of the same nonsense I pointed out above – the lefts constant efforts to misuse words to imply criminality when there is none
        Coordination is not illegal.
        Conspiring is not illegal.
        “reconesis” is not illegal.

        You have to have an actual underlying crime that those involved are intentionally seeking to committ, before you can make otherwise legal acts illegal.

        Buying rope is not illegal.
        Buying rope for a lynching is – if you KNOW that is the purpose.

        The governments star witness against the proud boys just testified under cross that:
        There was no “plan” to do anything except protest the election certification.

        “To protest? Protest what? The fact that Trump lost, fair and square? Trump knew he lost, and riled up his fans to try to prevent Congress from accepting certified vote totals as a last desperate measure to hang onto power he stole in the first place.”
        Buy your own argument above – you are engaged in seditionous conspiracy. You claim Trump stole the 2016 election.
        That has been thoroughly debunked. It is rare that we actually have such an incredible ability to prove a negative.
        But we KNOW that the Russians colluded nonsense was a HOAX maunfactured by Hillary Clinton.

        So YOU claiming that the 2016 election was “stolen” is actually WORSE that those pushing “stop the steal” – it is not actually possible to prove that the 2020 election was not stolen – partly because the lawless and corrupt and untransparent way you conducted it makes proving anything impossible. But the collusion delusion has been thoroughly discredited.

        I find it hillarious that someone so drowning in false conspiracies as you are, has the gall to be upset at others who beleive something that remains through today quite plausible.

        “They went there at Trump’s behest–not to protest, but to take over and prevent the peaceful transfer of power. ”
        Because you say so ? That is not what the DOJ’s star witness is saying.

        “They had a cache of weapons at a Virginia motel room across the Potomoc, waiting for Trump to show up and lead them, as he promised.”
        Wow! – I’ll bet that there were thousands of weapons in their homes hundreds of miles away.
        The patriots at Lexington and Concord did not leave their guns in a hotel room.

        You bring your guns – ALL OF THEM – Hundreds of them to an insurrection.
        There were 4,000 minute men at lexington and concord ALL ARMED,
        They KILLED 73 redcoats, and wounded another 174.

        That is what an insurection looks like.

        “That’s NOT a protest–that’s an insurection.”
        Nope, that is a protest.

        “The riots that got out of control after George Floyd’s murder were NOT organized by anyone–they were spontaneous.”
        Of course they were – and organizing a protest – even one that gets out of control is not a crime.

        “Those who attacked the Capitol committed crimes, mostly recorded, and deserve prison.”
        What like parading through the house chamber in a viking helmut ?
        Did anyone kill anyone ? Yes, the police killed two protestors.
        Did anyone committ arson – nope that only occured in the Floyd riots.
        Did anyone put an Axe through a senators door – nope that only occured during the kavanaugh protests.
        Did anyone put bricks through nearby store windows – nope that only occured during the code pink riots in 2017.

        Absolutely a minuscule number of people committed real crimes – someone took Pelosi’s lecturn, and someone else took her laptop. According to San Francisco rules – these are unprosecutable offenses against property.
        Don;t blame me – it is left wing nuts that are trying to end the prosecution of property crimes.
        Regardless we are talking a tiny number.

        Who started the riot ? Well now that the video is public we found out that BEFORE the chaos started:
        The capitol police accidentally tear gassed themselves, followed quickly by firing CS tear gas into a peaceful crowd of protestors. Likely there will be even more evidence over time.

        “You are lying about the DOJ and FBI being “weaponized” by Biden–that was Trump who did that.”
        ROFL. Today;s Turley revalation is that the corrupt politically weaponized DC FBI office had to be FORCED by the DOJ to raid MAL. Even politically corrupt members of the FBI do not beleive the nonsense you sell.

        Did Trump set the FBI on ordinary people ? Biden did.

        “There are NO teachers instrucing young children about “sexual intimacy”, either–that’s just another culture wars lie to hook the gullibles.”
        And all the video on TickTok is just fake. The VA parent whose daughter was raped at school is lying ?

        The parents throughout the country reading from the texts their students are being taught from are making it all up ?

        GiGi – this is a very stupid claim – those doing this are not hiding what they are doing.

        “And you don’t know anything about student loans, either. Statistically, in most cases, the principal has been paid back
        How about some MATH – if you borrow 100K at 4.99% – that is the current student loan interest rate – that is the highest it has been for a long time, and you borrow it for 30 years – after 30 years you will have paid 93K in interest.
        Still not greater than the original value of the loan. Of course this ignores inflation. Even if we assume 2% inflation – current inflation is almost 7% – it will take you half of forever to repay the future value of what you borrowed.

        Statistically – the Principle on Student loans is NOT paid back. Even ignoring inflation entirely, it takes atleast 15 years to repay just the original borrowed amount of a student loan at normal payments and normal interest rates – and most people take much longer,

        Further, do you really expect anyone to loan you “money for nothing” ? Does McDonalds give away hamburgers ?

        Whether you like it or not people expect to get paid – in fact our entire society does not work if they do not.

        ” The “loans” are held by investors who are greedy to get the guaranteed interest payments from the government and the right to snatch away tax refunds from former students who default. They roll late fees and interest into the balance, and then start charging interest and late fees on the bloated balance.”
        That is how borrowing money works. If you lend others money – you too would expect to get paid back with interest.

        I noted that current Student loan interest rates are 4.99% – I have a credit rating of 830, and just opened a line of credit with my bank secured by a home – my interest rate is over 9%.

        The reason that student loan interest rates are LOW is because they are guaranteed by government – that means the risk fo default is low. This is how credit and interest works. The reason the loans can not be discharged in bankruptcy is because the governmnent has guaranteed the loans. Anyone is free to go to their bank and borrow money for college or anything else – without a government guarantee. The interest rate will be based on your credit, and you will be able to discharge the loan should you go bankrupt in the future – but it is likely that your interest rate will be significantly above 10% for an unsecured loan from someone with no credit – if the bank will loan to you at all.

        “The former student cannot discharge these loans in bankruptcy, even if they become disabled, and there’s no statute of limitations for going after them. This is why in many cases, the loans will outlive the student. There are limits to the amount of debt forgiven and income limits on those who qualify. It’s not total forgiveness.”

        If you think that this is so horrible and those involved are so greedy – then you and your friends can get together and loan students money at better interest rates on better terms. Nothing is stopping you.

        If as you claim lenders are “greedy” – that absolutely guarantees that someone else will step into the market at a slightly lower price and take away all their business.

        Throughout the entire economy high profits near universally come with high risk.
        It is incredibly rare and very transient for anyone to find something that is high return low risk.

        Whether it is the interest on your credit card, your mortgage, what McDonalds must pay to investors.
        The returns – interest rates, the price of money, throughout the economy is entirely based on risk.

        If you have a high return low risk means of investing – Go For it.
        Of course if you had that everyone else would figure it out quickly and your return would drop.

        Absolutely we could change the rules on Student loans – we could make them dischargeable in bankruptcy. or make other changes – and one of two things would happen – government would be on the hook for hundreds of billions of dollars,
        or interest rates would go up.

        “And, no matter how many times you MAGA mavens keep saying it, Joe Biden is neither corrupt nor suffering from dementia.”
        Beleive whatever you will.

        “What crimes has he been charged with or convicted of? Name one.”
        Todate Hunter is Obviously guilty of over a dozen crimes – yet not a single charge.
        Or is paying for sex, or sex with under age girls legal where you are ?

        A lack of charges and convictions is just proof that the system is corrupt.

        “He has accomplished more in the first 2 years of his presidency than any president since FDR,”:
        Absolutely – he has ruined a good economy, brought back high inflation for the first time in 40 years,
        Dropped real incomes per family by about 4500/year – the entire gain from Trump’s 4 years.
        Spent Trillions – the national Debt on Jan 20,2021 was 23T, today it is 31T I beleive more than 1/4 of All US debt EVER has occured while Biden was President.
        Moved the End of the World clock the closest it has been to Armageddon since the Cuban missile crisis.

        “he reversed the public health crisis caused by Trump’s utter incompetency and dishonesty,”
        Trump was president during Covid for 11 months. Aprox 300L people died of Covid and there was no vaccine.
        Biden has been president for 25Months, just under 900K people have died of Covid, Biden is actuallly averaging about 9K deaths/month more than Trump. According to JHU US Covid deaths last week were 2K, and over 10K in the past 28 days.
        This despite a vaccine, and newer variants that are more contageous but far less deadly.

        Further the Science is “settled”:
        Masks do not work
        The vaccine does not work
        Lock down do not work.
        No Covid public policy has Worked

        So exactly what is it that Biden has done that reversed anything ?

        Covid is SLOWLY burning out, unfortunately it will probably never disappear, but be with us at low levels for ever.
        Like the common cold we will all get Covid every couple of years. The old and the unhealthy will have a significant risk of dying when they get covid. For most of us immunity – not from vaccines by prior infections will protect us – for maybe a year or two. Being healthy will help. Getting outside will help. Getting excercise will help.

        There is a good possibility that But for the very public health policies that you are celebrating Covid would be like the 1918 Flu – very bad, sweeping the world for 2 years and then GONE for good.

        But our efforts to “flatten the curve” aside from destroying our economy, our standard of living, our mental health, our education, and ……., have also likely assured that Covid is here forever.

        And idiots like you think that is a victory ?

        “he mended the rifts with our EU and NATO allies,”
        Really ? That is why he had to blow up the Nord Stream Pipelines – to keep Germany and the EU from negotiating with Russia ? Do you understand how bad the situation is in Europe as a result of Biden ?

        Every problem the US has is exported to the world – except worse. Our inflation is their inflation only worse.
        The US is Causing problems throughout the world.

        “he got COVID under control”
        Which is why 2000 people died of Covid last week and over 10K in the last 28 days.
        People are sick of Covid – it is not “under control”. It has just become part of normal life.

        “passed an infrastructure act”
        Wow! Spent a Trillion dollars to make inflation worse and F#$k our roads etc for several years. ‘
        Why is it that you left wing nuts think spending money we do not have fo things we do not need is a good thing ?

        Let me give you the oldest economic lesson there is
        “By the sweat of your brow you will eat your bread,”
        Genesis 3:19

        Or in modern terms – what you consume you MUST produce.
        When you here Biden is spending 1T on infrastructure. That is $3000 from YOUR pocket.
        Actually more like twice that – as the work force in the US is only half the population.
        So YOU are going to have to do about 500 hours of work to repay your share of the cost of that “Infrastructure bill”

        How many people do you think would vote for $1T in infrastructure if they understood THEY were going to have to pay for it ? Whether they know it or not – they – including YOU will.

        There is no “money for nothing”

        “a COVID relief act, got our economy back on track and has already gotten more bills passed with bipartisan support than Trump ever could. Stop the lying, please.”

        One of our biggest problems in he past 3 years has been “covid relief acts”

        AGAIN the SCIENCE is settled – the best policy against Covid was …. NOTHING.
        No Mask, no vaccines, no lockdowns, no nothing.
        Just continue about our lives as normal.
        Even China eventually had to capitulate to that.

        Keep schools open, keep businesses open. keep churches open.
        Keep everything open, keep the economy working,

        Every single thing that YOUR experts have told us to do was WRONG.
        It did nothing to Covid and it had massive unintended side effects elsewhere.

        There is a fight in science going on over whether the Vaccines do not kill more people than they could possibly help.

        While Covid deaths are SOMEWHAT DOWN – only 10K/month in the US, over all deaths in the US are 3 times larger than the increase that Covid has caused. In the US and globally we are seeing a decrease in life expectancy that is 3 times the effect that covid alone explains.

        Worse this change is primarily in DEVELOPED countries – countries that vaccinated, locked down, ….

        SOME scientists beleive it is almost entirely from the mRNA vaccines – that it is additional deaths caused by the vaccines.
        It is likely more complex than that – though eventually we will know.
        But in the end does it matter whether it is Vaccine related ? The increase is real, and it is primarily in countries that had agressive public policies to thwart Covid.

        Does it metter if it is increases in drug overdoses, suicides, or deaths from cancer and disease – because we stayed away from doctors and hospitals because of Covid – or it is because of the vaccines.
        Most likely it is a combination.

        Regardless it is Real – the western world has lost approximately 2 years of life expectance,
        That is NOT because of people who died 2 years ago.
        That is because more people are dying NOW than were before Covid.

        Congradulations – this is on YOU.

        Is Biden demented or corrupt ? I certainly hope so, because it is far worse if his is deliberately this much of a F#$K up.

        “Never underestimate Joe’s ability to F#$K things up!”
        Barack Obama.

      2. Can I plead with you to break your posts up ?

        Like Svelaz – you make about two significant errors in each sentence you write.
        That means that addressing those errors takes about 4 times as much space as your original post.

      3. WaPo is now echoing Seymor Hersch’s very detailed claim that Biden blew up the Nordstream pipelines.

        If True – and some did it and only complete idiots think it was russia, it was an “act of war” committed against the country with half the worlds nukes.

        This is your idea of the US as a well behaved global citizen ? Risking global nuclear war ?
        Do you really think the people of the EU are thrilled ?

        I though it was Trump that was going to bring about nuclear armegedon ?

        https://www.washingtonpost.com/national-security/2023/02/22/russia-un-nord-stream-hersh-investigation/

      4. There are a couple of minor errors in this – Zerohedge treats Trump’s last year as Biden’s first.
        That is technically wrong. But in terms of actual policies it is not off base.

        As the Taibbi article noted Covid gave the fascist left the oportunity to take over the world.
        And Trump who should have known better participated to his own harm.

        That said – regardless of how you divvy up blame between Presidents – We F#$Ked up big time in allowing that.
        And we continue to suffer with no end in site.
        It is likely to get worse before it gets better.

        https://www.zerohedge.com/markets/bidens-great-economic-recovery-narrative-built-deception

      5. If you wonder why alot of us are Pissed – This performance by Garland should help.

        DOJ is prosecuting people who protest Abortion.
        FBI is investigating parents unhappy with the batschiff crazy education of their children.
        DOJ/FBI are working to censor people with political views at odds with the left.
        DOJ is prosecuting people who protested a lawless and untrustworthy election.

        But when people violate clear federal law and try to intimidate Supreme Court justices in their homes – that is ignored

        Please explain to me what the difference is ?
        Numerous people called for the actual murder of Supreme Court Justices for decisions they do not like.

        There are TWO differences between those protesting at Supreme court justices homes.
        Those at Justices homes were violating federal criminal law. OBVIOUSLY
        Those at Justices homes were AT THEIR HOMES – not the pre-eminent Political Free Speech forum in the entire World – the US capital.

        And this is just ONE example of the politicization and weaponization of law enforcement under Biden.

        https://twitter.com/townhallcom/status/1630974385115758601

        I would remind you that getting your wish could prove to be a very bad thing.
        Republicans – possibly even Trump will retake the whitehouse.

        Turn about is fair play.

        Or more christian – do unto others what they would have them do unto you.

      6. Actual quarterly GDP from Obama through Biden
        Note:

        While Obama had many better Quarters than Trump, he also had many worse.
        The economy through the Obama era was volatile. During the first three years of Trump it was steady growth.
        We had the Worst contraction in US history when lockdowns were announced, followed by the greatest growth in US History after.
        Next, The economy was OBVIOUSLY booming prior to Biden taking office at the START of 2021.
        But by Mid 2021 Growth had already reversed. Finally we are in a mild recession right now and have been since July,
        Whether anyone admits that or not. While this chart shows that Recession MIGHT be ending,.
        That is not anyone’s prediction for 2023.

        I would note that I do not think this is inflation adjusted. From 2008 through mid 2021 that does not matter,
        But inflation started to rise precipitously in mid 2021 and that must be substracted from GDP
        After inflation we have likely been in recession for some time.

        Which jives quite well with the 4500/yr that the average family has lost in real income under Biden.
        While they gained 3500/yr under Trump.

        https://cms.zerohedge.com/s3/files/inline-images/2023-03-03_06-58-40.jpg?itok=p8W3ELW5

          1. We have had a valueable lession in the past 3 years.

            We trusted government public health experts to tell us how to deal with Covid.

            If by now you do not grasp that for all their credentials these people did not really know what they were doing.
            Primarily they were a failure because the problem is far larger than “public health”,

            We have had two different kinds of Harms in the past 3 years – those from Covid itself,
            which todate we have no real evidence that these were avoidable.

            And those of our unsucessful efforts to mitigate the direct impacts of Covid.

            The “experts” not only failed in their own Domain – infectuous diseases,
            But the failed in a much larger way – because their choices in their domain of expertie had negative impacts in domains they have no expertise at all in.

            The Fauxi’s and Birx’s are not economists, they are not psychologists, they are not cancer or heart disease experts.

            Their responses to covid – aside from not working, also increased rates of suicide, drug abuse, drug overdoses, depression, anxiety, cancer, heart disease (through treatment delays) and on and on and on.

            There is actually no doubt that these government public health experts are smart and well educated people – experts in their field. While some may notice that a great deal of other experts disagreed with them – and ultimately proved right,
            that is not my point.

            Just as the Fauxi’s and the Birx’s tell us the right way to deal with Covid, similar armies of experts – particularly government experts, tell us how to manage our banks, to run our economy, to run our farms, to use energy.

            The Public experts at Treasury, or GAO or even the FED, are no less well educated and no less expert in their fields that Fauxi and Birx. They are no less trustworthy.

            They are also no MORE trustworthy.

            The lesson of Covid is NOT that we should never again allow Government public health experts to take over our lives

            It is that we should never allow experts of any kind at all – Government or others to take over our lives.

            Experts are ADVISORS, They are not gods.

            Regardless, each of us owns our own lives. We are responsible for the choices we make – even when we follow the advice of experts.

            I will never ever ever tell you not to hear what experts have to say – when you have the luxury of time, you should hear out many experts of differing views.

            But in the end YOU must make the decisions regarding YOUR life.

            If you choose to follow the advice of one set of experts – or if you allow another set of experts to gain the power through government to make choices for you by Force – in the end it is still YOU that receives the benefits or the harms.

            Whether you are being told that wearing a mask will save you, or not to worry because we are borrowing from ourselves,
            You will receive the benefits if the advice followed is good, and pay the price if it is bad.

            We can not be experts in everything.

            But we are still responsible for our own lives – so it is wise to figure out how to tell who you should trust and who you should not,
            knowing that perfection is impossible – but failure is easy.

      7. Pray for those January 6 prisoners, many of whom have been proven innocent by video. Pray for the country. Pray for every prominent conservative. Tucker’s January 6th footage proves DC judges and prosecutors will collude to frame innocent people. Stalin’s ghost has returned.

  12. It’s unconstitutional (as is 90% of what the national government does on a daily basis). That should be the end of it. Certainly, Article III jurisdiction is intended to be narrow; however, blatantly illegal conduct should not be allowed to continue because of procedural sleight of hand.

  13. So basically WaPo is saying: standing should be broadly construed when the relief sought is something I personally favor, but standing should be narrowly construed when the relief sought is something I personally do not favor.

    A real principled bunch over at WaPo, eh?

  14. Ther ComPost would probably support putting conservatives in concentration camps while acknowledging that it might be an overreach but that those in the gulag have no “standing”

  15. I didn’t hear the arguments themselves but clearly biased press reports (redundant I know) claim a lot was made of the unfairness of the loan forgiveness as it relates to those who already paid off loans (me – 50 years ago for myself and 25 years ago for a kid) or those who never took out a college loan but took out a loan to start a lawn mowing (or whatever) business

    But what does fairness have to do with this and when did it ever have anything to do with any other legal issue? Either the parties have standing or not? Either the HEROES Act applies, or it doesn’t. Isn’t it that simple? And hasn’t more than one Circuit already ruled that one or more parties DO have standing and that the HEROES Act does NOT apply. What were the rationales of those lower courts. Hearing about them would be a lot more interesting than what Jeff Bezos thinks

  16. The student loan debt problem is in part a problem created by the federal government, which has pumped billions of dollars into the educational system.
    But, if we want to really provide relief, where hardship exists, the government should simply remove the general exemption for student loans from bankruptcy discharge enacted in 2005, which the real Joe Biden supported.
    “Until 2005, private student loans were eligible for bankruptcy protections just like other forms of private credit. But in that year Congress passed the Bankruptcy Abuse
    Prevention and Consumer Protection Act, a law that made it vastly more difficult for struggling former students to rebuild their lives by discharging the debts and
    starting over. . . . Despite his protestations, it is indisputable that Biden was an avid supporter of the 2005 bill as a whole and of its overall thrust of tightening up the
    bankruptcy code largely to the benefit of lenders at the expense of distressed families who would find it harder to file for bankruptcy.”
    https://www.theguardian.com/us-news/2019/dec/02/joe-biden-student-loan-debt-2005-act-2020

  17. It’s not forgiveness, cancellation or wiping away, unless it is expected that the loan companies are going to wipe it from their books. If would be like a bank using the money that I and other depositors put in and they lend out for homes, cars, student loans. What would happen if they wiped the loans off their books? IMHO, it is a transfer from the borrowers to all of the taxpayers. A question I recently have–What about the future college students? How will they benefit from a transfer of past loans for college students? Is it just expected going forward that the taxpayers will be paying the college tuition for all students? My children took out loans, paid their loans, and we paid what was not covered by the loans. So, we paid for our children and we will be paying for …..? Is it correct that the borrowers have had 3 years to pay on their student loan principal without the accumulation of interest? If so, that’s a bonus. Like taking out a 0 interest credit card.

    1. JEG: You raise a good point (about accruing interest) and I am glad I saw it, because I was just about to comment to Ian Gumby’s 12:26 comment that the “basic intent” of legislation is not generally considered unless the express language is ambiguous. So if it is found to be unconstitutional and comes back as Congressional action, I think it would be reasonable compromise to waive accrued interest on ALL student loans during the [date-delineated] pandemic, -but NOT waive principal.
      Any opinion on such a compromise?

  18. You just cannot read articles like this and think that the country is doing well. All of this giveaway would be lost in continued high inflation. It is simply a gimmick to get young people on board to vote for Democrats and to hell with the Constitution and its guidelines.

  19. Democrats Fascists don’t care about the Constitution, they care about power and money…that is why they want control of Media, Education, Business, Law, Government, Healthcare, Tech, Banking, etc. The only solution is 50% of cut of federal spending, move 75% of Fed Gov. from DC to the Heartland. Also tax all non-profits where anyone gets $100k+ of money or services. Like the Obama Fund Private Jet Service, Colleges with million dollar coaches, hospitals with million dollar executives. End Public Unions…bribery of Democrats…end public union political donations.
    Take Away Their POWER!

  20. The ends always jusstify the means with the prog/left. Obfuscation is their bell weather.

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