this post was submitted on 14 Aug 2023
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Just worthy of always re-noting that the SCOTUS ruling ending the original cancellation was based on defective and, frankly, idiotic reasoning.
Literally it was a reverse Goldilocks judgement. The HEROES Act gave the DOE broad authority to freely modify or waive loans during an emergency (e.g., global pandemic). The SCOTUS ruled that generally waiving a large amount of debt was too MUCH to be considered a "modification" and not enough to be considered a full waiver, and that the law did not give permission to do anything between those two extremes.
Anyone with a brain knows it was a bad, dumb, stupid opinion written in bad faith by dumb, stupid, idiot judges. Of course if the DOE has authority to modify or waive, they have authority to modify the amount remaining and waive any remainder. It's just what the fucking words mean. It was totally illegitimate, everyone in the admin knows it was illegitimate, but their only recourse is to either take the beating or trigger a full-blown Constitutional crisis by ignoring it. So here we are, going through the kayfabe of finding alternate legal routes.