Will Student Loan forgiveness stand? Nope.

[GP270watch]

If the SCOTUS wants to try and stop it…I encourage them to, see how that works.

Can you imagine?

The abortion ruling + overriding the cancelation of student debt...Democrats would probably keep the House too at that point.

 The GOP is completely flailing in their messaging and response to this. The Democratic Party often gets bashed and sometimes rightfully so for very poor messaging when they have the right policy. But not on this issue: they took the offensive, have the public support and are making GOP leaders and conservative pundits look like out of touch hypocrites. No matter how you feel about the student loan forgiveness policy the Democrats are finally delivering good political optics.

[GP270watch]

https://twitter.com/ddayen/status/1567866432196853765

Still flailing.

[MillennialModerate]

First suit filed….
By a man who is already having his loans forgiven via PSLProgram.

Really don’t think this is going to stand

[politicallefty]

First suit filed….
By a man who is already having his loans forgiven via PSLProgram.

Really don’t think this is going to stand

You could've shared some details. It has to do with someone that would be forced to pay state taxes on having their loans forgiven. The American Rescue Plan absolved student loan forgiveness/cancellation of federal tax liabilities. Most states regularly model their income tax structure on the federal income tax, but not all do. The only reason this suit wasn't filed in Texas is because they have no state income tax.

This suit really shouldn't go anywhere. I'm really not convinced of the standing argument in this case since one has the ability to opt-out of forgiveness. In theory, this individual should not have standing when there's an opt-out available (which would obviate the need for a judicial remedy). My understanding of standing is that one must generally exhaust administrative remedies before seeking a judicial remedy. But then again, I'm wondering which archconservative FedSoc judge they've attempted to forum shop.

[Amenhotep Bakari-Sellers]

It's only 10K not 50K but if D's did get the Secularist Trifecta and FILIBUSTER proof Senate they will pass 50K but raise taxes so it's gonna stand, that's why Biden didn't enact 50K because it would be overturned by SCOTUS if it's not a bill by Congress

But it's not Student Loans Discharge it's the inflation of Tuition the Colleges like paying Dean's 300K that's why school online especially for Nursing and Law school not undergrad and among Undergrad Athletes is so popular 10K v 50K

[jamestroll]

It will stand. Does not mean it is not bad policy.

[Amenhotep Bakari-Sellers]

We have Bankruptcy laws they Judicial Review that Federal law can Trump state law we don't have to pay back our credit card bills because we have Bankruptcy and Jefferson was opposed to Judicial Review and supported Judicial Restraint because he supported slavery and Judicial Review or Executive Order Trump's state statute

In 2005 Bankruptcy Reform Bill Student Loans Discharge was stripped out, you used to file student loans in Bankruptcy, so the idea that it's bad policy isn't right because if you died or become disabled they are discharged anyways my Dad owed at 73 50K in student loans when he died, and the Govt charge all that money for interest anyway the interest that they charge just like credit cards and payday Loans are given to their current customers

If you make 15/19K a yr you don't have to pay a nickel of Student Loans it's called income driven repayment , this way wiping off your credit report you can get an apartment or credit card but payday loans you don't have to pay back it's very little they can do , they just offer you a 300 dollar settlement and get rid of the interest if you want it off your credit report

[Grumpier Than Uncle Joe]

If the SCOTUS wants to try and stop it…I encourage them to, see how that works.

Can you imagine?

The abortion ruling + overriding the cancelation of student debt...Democrats would probably keep the House too at that point.

Getting it all of the way to SCOTUS takes tons of time.  The mid-terms will be long over before it exits the lower courts.

[Schiff for Senate]

I hope SCOTUS overturns it. It's the right thing to do. And if this twisted policy going away HELPS Democrats in the midterms, it's just icing on the cake. Hopefully, SCOTUS overrules/removes it, voters get angry and vote for the Democrats, but the Democrats have learned their lesson and don't bother reinstating it (or if they do, SCOTUS promptly re-overturns it). I want the Democrats to win, to be sure, but student loans forgiveness is among the minority of issues where I vehemently disagree with them.

[dead0man]

If Tom Brady, Hov, Yeezy, and Diddy all got their PPP loans forgiven for their ill-advised business ventures then why the phuck don't I get something for signing the predatory ironclad student loan agreement damn near necessary to enter the professional workforce and become a homeowner before my first gray hair?

and as we all know, two wrongs make a right!

[MillennialModerate]

I hope SCOTUS overturns it. It's the right thing to do. And if this twisted policy going away HELPS Democrats in the midterms, it's just icing on the cake. Hopefully, SCOTUS overrules/removes it, voters get angry and vote for the Democrats, but the Democrats have learned their lesson and don't bother reinstating it (or if they do, SCOTUS promptly re-overturns it). I want the Democrats to win, to be sure, but student loans forgiveness is among the minority of issues where I vehemently disagree with them.

If Dems pass it through congress what right would the SCOTUS have to overturn it? They didn’t like it? That’s now how it works

[Schiff for Senate]

I hope SCOTUS overturns it. It's the right thing to do. And if this twisted policy going away HELPS Democrats in the midterms, it's just icing on the cake. Hopefully, SCOTUS overrules/removes it, voters get angry and vote for the Democrats, but the Democrats have learned their lesson and don't bother reinstating it (or if they do, SCOTUS promptly re-overturns it). I want the Democrats to win, to be sure, but student loans forgiveness is among the minority of issues where I vehemently disagree with them.

If Dems pass it through congress what right would the SCOTUS have to overturn it? They didn’t like it? That’s now how it works

True, but right now, as others have said, it's actually on constitutionally/legally shaky ground, legitimately, and the court could easily concoct a legitimate case as to why it's unconstitutional and may not stand. If it's codified as an actual law, then SCOTUS most probably can't and won't overturn it, but right now, it really can be overturned. And hopefully, it will be.

[MillennialModerate]

6 states sue the administration….

Dems have a better shot of holding the house then this standing

It would be the sweetest thing in the world for it to be struck down
and then the Dems pass a bill forgiving even more.

[brucejoel99]

First suit filed….
By a man who is already having his loans forgiven via PSLProgram.

Really don’t think this is going to stand

You could've shared some details. It has to do with someone that would be forced to pay state taxes on having their loans forgiven. The American Rescue Plan absolved student loan forgiveness/cancellation of federal tax liabilities. Most states regularly model their income tax structure on the federal income tax, but not all do. The only reason this suit wasn't filed in Texas is because they have no state income tax.

This suit really shouldn't go anywhere. I'm really not convinced of the standing argument in this case since one has the ability to opt-out of forgiveness. In theory, this individual should not have standing when there's an opt-out available (which would obviate the need for a judicial remedy). My understanding of standing is that one must generally exhaust administrative remedies before seeking a judicial remedy. But then again, I'm wondering which archconservative FedSoc judge they've attempted to forum shop.

And that's not even the only reason that he lacks standing: given that his (hypothetical) state income-tax liability of $1K (which he now won't even be paying anyway since Biden isn't forgiving his debt, thereby making his case purely hypothetical, which should moot the case if these judges actually apply the law) would've been far lower had he opted-in than the $20K of debt that he's now choosing to continue paying off, there's no damages suffered, as is to be expected when a government policy is deliberately designed to be impossible to legally injure any class of people/entities into a position to sue. For that very same reason:

6 states sue the administration….

Dems have a better shot of holding the house then this standing

It would be the sweetest thing in the world for it to be struck down
and then the Dems pass a bill forgiving even more.

This case can just as easily expect to be struck down for lack of standing, even though it relates to Missouri's financial stake in a student loan servicer, because the Dept. of Ed. - whom they contract with to administer student loan programs, including forgiveness - can just offer to buy out the remainder of that servicer's contract, thereby vitiating any Article III "injury" suffered, & even if they didn't & thereby allowed the servicer & potentially anybody with a financial stake in it to claim harm in that the forgiveness directly costs them profits & decreases the value of their contracts, then the proper remedy would just be damages, & not even blocking the plan being reviewed. Seriously, MM, there's just no legal case to be made for the courts cancelling the debt-forgiveness.

[I spent the winter writing songs about getting better]

First suit filed….
By a man who is already having his loans forgiven via PSLProgram.

Really don’t think this is going to stand

You could've shared some details. It has to do with someone that would be forced to pay state taxes on having their loans forgiven. The American Rescue Plan absolved student loan forgiveness/cancellation of federal tax liabilities. Most states regularly model their income tax structure on the federal income tax, but not all do. The only reason this suit wasn't filed in Texas is because they have no state income tax.

This suit really shouldn't go anywhere. I'm really not convinced of the standing argument in this case since one has the ability to opt-out of forgiveness. In theory, this individual should not have standing when there's an opt-out available (which would obviate the need for a judicial remedy). My understanding of standing is that one must generally exhaust administrative remedies before seeking a judicial remedy. But then again, I'm wondering which archconservative FedSoc judge they've attempted to forum shop.

And that's not even the only reason that he lacks standing: given that his (hypothetical) state income-tax liability of $1K (which he now won't even be paying anyway since Biden isn't forgiving his debt, thereby making his case purely hypothetical, which should moot the case if these judges actually apply the law) would've been far lower had he opted-in than the $20K of debt that he's now choosing to continue paying off, there's no damages suffered, as is to be expected when a government policy is deliberately designed to be impossible to legally injure any class of people/entities into a position to sue.

Not really because he's enrolled in PSLF which allows the whole loan to be forgiven tax free in time. Here he'd have a partial forgiveness requiring taxes and he would still make payments even afterwards to achieve the final full forgiveness so this forgiveness provides no real benefit and a penalty with the taxes. However he has a very simple remedy: opting out, which the administration is allowing, thus rendering his standing moot.

[I spent the winter writing songs about getting better]

Also the states' argument is pretty bizarre. One is they're claiming standing based on loss of revenue to them...uh what? Why would that happen? Also they're saying since Biden said the pandemic is over in a 60 Minutes interview that means he waived all emergency powers which is about as laughable as some of Trump's claims about his declassification powers. Plus even if Biden's 60 Minutes quote constituted that that would also require a restart of payments which are still suspended until the end of the year but they aren't contesting.

Missouri is the only state that has a non-laughable claim to standing but bruce already covered that above.

[brucejoel99]

Well, that was fast but yes, so far:

https://twitter.com/mstratford/status/1575615490587779072

[Amenhotep Bakari-Sellers]

The problem isn't student loan forgiveness it cost 50 K for College whereas online it's 10 K they pay Dean's 100/300 K a yr that's the issue is that tuition isn't getting capped

[sting in the rafters]

If Tom Brady, Hov, Yeezy, and Diddy all got their PPP loans forgiven for their ill-advised business ventures then why the phuck don't I get something for signing the predatory ironclad student loan agreement damn near necessary to enter the professional workforce and become a homeowner before my first gray hair?

and as we all know, two wrongs make a right!

[Amenhotep Bakari-Sellers]

The Southern states are challenging it, but they will have a hard time now because private loans aren't included it's called Bankruptcy the same credit that is wiped out I with Credit card and payday loans, student loans were deleted out of Bankruptcy during the reform bill of 2005

[Amenhotep Bakari-Sellers]

It's not gonna hurt minorities I only took out very little in private loans but WC people took out Private loans, because of their income, under the Rules it's gonna hurt them the most you can't get 20 K in Student loans relief on private loans if the Ds don't do as well that they should it's gonna be with Whites because of the private student loans Discharge, but we must wait for the exit polls

Just like many take out private loans to go to Law School they are stuck with them and they are non dischargeable

[MillennialModerate]

The issue is now before Amy Coney Barrett and the Supreme Court. Mark my words this will be overturned 

[politicallefty]

The issue is now before Amy Coney Barrett and the Supreme Court. Mark my words this will be overturned 

That's not how it works. She will either dismiss the appeal for lack of standing or refer the matter to the full Court. If the full Court takes this case, that would tell me far more as to how this conservative supermajority intends to operate going forward (and that the end goal is to bring down the line of jurisprudence established during and after the New Deal).

[Hermit For Peace]

The Supreme Court should stay out of this. They should stay out of everything!

[brucejoel99]

tHe IsSuE iS nOw BeFoRe AmY cOnEy BaRrEtT aNd ThE sUpReMe CoUrT. mArK mY wOrDs ThIs WiLl Be OvErTuRnEd:

https://twitter.com/reuterslegal/status/1583202628800221184