Student loan cancellation
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@George-K said in Student loan cancellation:
@jon-nyc said in Student loan cancellation:
Nobody has standing to take it to court.
After I posted that, this was my first thought.
I still dispute that. It’s recognized that Congress has standing, but the leadership is not interested in fighting it. I would think minority members of Congress would still have standing. But they aren’t trying.
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@jon-nyc said in Student loan cancellation:
True, I almost wrote ‘Congress has standing but they don’t want to challenge it” but was tired of typing
If they block it then they can’t run against it.
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Aside from tuition, there are problems that need fixing in the student loan business. This will solve none of them.
Having gone through the process with Lucas, some issues that I am seeing…
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The web portals that these kids use to manage their accounts do not give them any useful information. They don’t give you the interest accrued per month, nor an amortization schedule. When I fill out a loan agreement at work, I am required to show customers the total cost of the loan if they go term. Not so on these online portals…
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they actively encourage you to wait to start paying on your loan until you graduate, accruing 4 years of interest. If you do choose to make payments, the initial monthly offerings they make are lower than the interest accrued.
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Sallie Mae spams the ever living fuck out of you. Every single day my son gets emails telling him that he’s “entitled” to even more funds in his loan for books, computers, and any other needs he may have. And yes, they use the word entitled, and yes, every frigging day. I get them too, but they don’t use the word entitled in mine.[link text]( link url)
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Supreme Court asked to block Biden student debt relief program
The Supreme Court on Wednesday was asked to block the Biden administration’s student loan debt relief program, which is set to take effect this weekend.
The request by the Brown County Taxpayers Association in Wisconsin was directed to Justice Amy Coney Barrett, who is responsible for handling emergency application requests from the 7th Circuit U.S. Court of Appeals.
The White House did not immediately respond to a request for comment on the group’s request.
A federal judge in Wisconsin earlier this month dismissed the taxpayers association’s lawsuit challenging the program, ruling that the group did not have legal standing to block the plan.
The group then filed an appeal of that ruling to the 7th Circuit appeals court.
Wednesday’s request to Barrett asks that the plan by President Joe Biden to cancel up to $20,000 in student debt for millions of borrowers be suspended pending the outcome of the pending appeal.
The U.S. Department of Education opened its application for student loan forgiveness in a beta test on Friday.
More than 8 million people submitted requests for relief over that weekend.
The application officially launched on Monday. The Biden administration could start processing borrowers’ requests for student loan forgiveness as soon as this Sunday.
The legal challenges that have been brought against the president’s plan continue to mount.
Six Republican-led states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — are trying to block Biden’s plan, arguing that the president doesn’t have the power to issue nationwide debt relief without Congress. They’re also claiming that the policy would harm private companies that service some federal student loans by reducing their business.
The main obstacle for those hoping to foil the president’s action is finding a plaintiff who can prove they’ve been harmed by the policy. “Such injury is needed to establish what courts call ‘standing,’” said Laurence Tribe, a Harvard law professor.
Tribe said he isn’t convinced that any of the current lawsuits filed have successfully done that.
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@George-K said in Student loan cancellation:
Supreme Court asked to block Biden student debt relief program
The Supreme Court on Wednesday was asked to block the Biden administration’s student loan debt relief program, which is set to take effect this weekend.
The request by the Brown County Taxpayers Association in Wisconsin was directed to Justice Amy Coney Barrett, who is responsible for handling emergency application requests from the 7th Circuit U.S. Court of Appeals.
The White House did not immediately respond to a request for comment on the group’s request.
A federal judge in Wisconsin earlier this month dismissed the taxpayers association’s lawsuit challenging the program, ruling that the group did not have legal standing to block the plan.
The group then filed an appeal of that ruling to the 7th Circuit appeals court.
Wednesday’s request to Barrett asks that the plan by President Joe Biden to cancel up to $20,000 in student debt for millions of borrowers be suspended pending the outcome of the pending appeal.
The U.S. Department of Education opened its application for student loan forgiveness in a beta test on Friday.
More than 8 million people submitted requests for relief over that weekend.
The application officially launched on Monday. The Biden administration could start processing borrowers’ requests for student loan forgiveness as soon as this Sunday.
The legal challenges that have been brought against the president’s plan continue to mount.
Six Republican-led states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — are trying to block Biden’s plan, arguing that the president doesn’t have the power to issue nationwide debt relief without Congress. They’re also claiming that the policy would harm private companies that service some federal student loans by reducing their business.
The main obstacle for those hoping to foil the president’s action is finding a plaintiff who can prove they’ve been harmed by the policy. “Such injury is needed to establish what courts call ‘standing,’” said Laurence Tribe, a Harvard law professor.
Tribe said he isn’t convinced that any of the current lawsuits filed have successfully done that.
That’s going to be a hard nope.
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@jon-nyc said in Student loan cancellation:
That’s going to be a hard nope.
Trump appointed judge agrees "no standing."
https://www.nytimes.com/2022/10/20/us/politics/supreme-court-student-loan-forgiveness.html
Justice Amy Coney Barrett on Thursday rejected a challenge to President Biden’s student debt relief program from a taxpayers’ association in Wisconsin that said he had overstepped his authority in adopting the sweeping measure, one that could cost the government hundreds of billions of dollars.
Justice Barrett denied the association’s challenge without comment, which is the court’s custom in ruling on emergency applications. She acted on her own, without referring the application to the full court, and she did not ask the administration for a response. Both of those moves were indications that the application was not on solid legal footing.
Although she did not say so, Justice Barrett most likely rejected the application because the plaintiff, the Brown County Taxpayers Association, did not appear to have shown that it had suffered a direct injury that gave it standing to sue.
The association argued that Mr. Biden had exceeded his authority under a 2003 federal law that allows the education secretary to modify financial assistance programs for students “in connection with a war or other military operation or national emergency.”
The plan cancels $10,000 in debt for those earning less than $125,000 per year and $20,000 for those who had received Pell grants for low-income families. The nonpartisan Congressional Budget Office said last month that it estimated the plan’s price tag at $400 billion. White House officials have said that the cost could be lower because fewer borrowers than expected might apply for the relief. -
Appeals court temporarily halts Biden’s student debt relief
A federal appeals court on Friday evening blocked the imminent cancellation of federal student loans under President Biden’s debt relief program, days after millions of borrowers began applying.
The U.S. Court of Appeals for the 8th Circuit granted an administrative stay while it considers a request for an injunction filed by a coalition of six Republican-led states seeking to block the forgiveness program. It instructed the Biden administration not to begin discharging debt under the relief effort.
The decision arrives a day after a lower court dismissed the states’ lawsuit for lack of standing. -
Are there any more cases pending right now?
Again, the best standing would come from Congress as this is a transgression of their powers and responsibilities. The question is whether a minority party in Congress could file contrary to the majority? I say yes, they can. It is still a transgression on their powers even if they would lose the vote if it was put up to one…
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I’m guessing they simply can’t speak for Congress without a majority. I’m sure if they had a case they’d have filed it.
And I’m pretty sure by January 3rd the program would have been implemented. I’m not sure if it’s possible they could get it reversed or not. I’ve not read any informed commentary on the subject.