In refusing to allow President Joe Biden to transfer massive student debt from borrowers to the public by executive fiat, the Supreme Court finished its term with a strong affirmation of legal propriety, linguistic accuracy, and the constitutional separation of powers. As a fortunate byproduct, the court served the cause of financial sanity as well.
Education Secretary Miguel Cardona, acting at Biden’s behest, claimed to be forgiving the loans under a statutory provision allowing them to modify the program due to a “national emergency.” The “emergency” the administration cited in 2022 was the COVID-19 pandemic, which by then was already over and thus, arguably, no longer applicable. Rather than merely modify the program, Biden gutted it, turning it from a loan guarantee into a free gift from Uncle Joe.
Roberts wrote: “What the secretary has actually done is draft a new section of the Education Act from scratch by ‘waiving’ provisions root and branch and then filling the empty space with radically new text.” Even if the debt cancellation were a good idea, which it isn't, “the question here is not whether something should be done; it is who has the authority to do it,” Roberts wrote.
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