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submitted 2 weeks ago by DougHolland to c/aiop
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[–] [email protected] 0 points 2 weeks ago (2 children)

Just look at how many ways Biden’s school debt relief plans were defeated.

Because Biden did it in ways the judges could block. Per the Department of Education, the executive has the authority to simply delete the debt and dare the judges to create new debt out of thin air.

[–] ChonkyOwlbear 1 points 1 week ago (1 children)

He really doesn't have that authority and the supreme court would have shut that down even faster.

[–] [email protected] 0 points 1 week ago

He really doesn’t have that authority

He does, per Harvard Law School

supreme court would have shut that down

There's not much the scotus can do once it's already been deleted.

If they order Biden to just create new records of debt, he can ignore them. Even attempting that would help create political will to marginalize the SCOTUS. Not that Biden would never pack the court, because "it would make it political"

[–] [email protected] 1 points 2 weeks ago (1 children)

Because Biden did it in ways the judges could block

What options are available?

Per the Department of Education, the executive has the authority to simply delete the debt

That doesn't seem to be the case as "The president ... can forgive debts only when Congress authorizes it" [1].

[1] https://theconversation.com/what-are-the-limits-of-presidential-power-to-forgive-student-loans-a-constitutional-law-expert-answers-5-questions-201138

[–] [email protected] 1 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

The president has the power to order the Department of education to delete the debt..

It doesn't matter if the courts later turn around and go "that was illegal", the debt is already gone and watching them try to create it out of thin air would be a wonderful tool to destroy the political legitimacy of the right-wing courts.

[–] [email protected] 1 points 1 week ago (1 children)

The president has the power to order the Department of education to delete the debt…

any sources to back this up? stating it as fact does not make it one.