Kansas to sue Biden admin over student loan move
President Biden’s Unlawful Student Loan Forgiveness Plan
In a bold move reminiscent of President Andrew Jackson’s defiance of the Supreme Court, President Joe Biden is attempting to revive the notion that presidents can ignore the highest court in the land. Last summer, the Supreme Court struck down Biden’s student loan forgiveness program, declaring it illegal. However, undeterred by this ruling, Biden recently announced a modified version of the program, boasting, “The Supreme Court blocked it, but that didn’t stop me.”
The new plan, although slightly smaller in scale, remains just as illegal as its predecessor. Last time, six states’ attorneys general successfully sued the Biden administration, taking the case all the way to the Supreme Court. This time, Kansas will lead the charge in suing the administration, determined to secure another victory.
The law is clear: Biden does not have the authority to implement his desired student loan forgiveness plan. The Higher Education Act of 1965, passed by Congress, specifically outlines the limited scenarios in which borrowers can have their loans forgiven. Biden’s plan, however, extends forgiveness to the majority of borrowers who do not fall within these established categories. This sleight of hand is achieved by claiming to modify the “terms of loan repayment,” but the result remains the same: loan reductions for individuals outside of Congress’s authorized scope.
One aspect of the Biden plan, for instance, caps undergraduate loan repayment at 5 percent of “disposable income,” as arbitrarily defined by the secretary of education. This effectively means that the majority of borrowers will have no monthly loan payment. The administration even acknowledges that the average undergraduate borrower will only pay $6,121 for every $10,000 borrowed.
Aside from the legal issues, the Biden plan is fundamentally unfair. It forces taxpayers who did not attend college or worked their way through school to shoulder the burden of paying off the student loans of those who accumulated significant debt. Furthermore, it redistributes money from lower-income Americans to higher-income Americans. As a parent struggling to save for my own children’s college education without relying on loans, I personally feel the direct impact of this unfairness.
While Biden may attempt to persuade the public of the plan’s fairness, he will not be able to convince the courts of its legality. By defying the Supreme Court’s ruling and encroaching on Congress’s powers, Biden is acting more like a king than a president in a constitutional republic. We, as vigilant citizens, will not allow him to get away with it.
Kris W. Kobach is the attorney general of Kansas. He was formerly a professor of constitutional law at the University of Missouri-Kansas City, 1996-2011.
What are the potential consequences of a president ignoring the Supreme Court and bypassing the legislative branch in making decisions on issues such as student loan forgiveness
Does not have the authority to unilaterally forgive student loan debt. The power to forgive loans rests with Congress, as outlined in the Constitution. By attempting to bypass the legislative process and take action on his own, Biden is overstepping his boundaries and undermining the principles of our democratic system.
It is worth noting that the issue of student loan debt is a pressing one in our society. Many Americans are burdened with significant amounts of debt, hindering their ability to pursue opportunities, buy homes, or start businesses. However, addressing this issue requires thoughtful and careful consideration, not a hasty and unlawful executive action.
By circumventing Congress, Biden is setting a dangerous precedent. If a president can simply ignore the Supreme Court and bypass the legislative branch whenever it suits him, our system of checks and balances collapses. This not only undermines the authority of the Supreme Court but also weakens the power of Congress, the branch of government responsible for making and enacting laws.
Moreover, Biden’s actions show a disregard for the rule of law and the importance of upholding the Constitution. The Supreme Court, as the final arbiter of the law, has ruled on the issue of student loan forgiveness. It is not within the president’s purview to ignore or defy the court’s decisions. Doing so undermines the separation of powers and erodes the foundation of our democratic system.
Instead of pursuing unlawful and unconstitutional actions, President Biden should focus on working with Congress to find a sustainable and legal solution to the student loan debt crisis. This may include exploring options such as targeted relief for those in need, expanding loan repayment programs, or incentivizing higher education institutions to offer more affordable options.
In conclusion, President Biden’s unlawful student loan forgiveness plan is a dangerous overreach of executive power. By attempting to ignore the Supreme Court’s ruling and bypass Congress, he undermines the foundations of our democratic system and sets a concerning precedent for future presidents. It is crucial that we uphold the rule of law and work within the constitutional framework to address the issue of student loan debt in a responsible and legal manner.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...