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Political Discussion

r/PoliticalDiscussion

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Posted by
Knows nothing
3 months ago
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Posted by8 hours ago
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Posted by7 hours ago
Legislation
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Posted by8 hours ago

I'm more interested in the Biden v. Nebraska case, because it appears to have the more probably chance of 5 justices finding standing – although they still may not since MOHELA neglected to sue itself and whether the State of MO can sue on their behalf is an open question.

In this case, the argument is that the 2003 HEROES Act that authorizes the Secretary of Education to pause or waive student loans in the event of a national emergency does not grant the Secretary the power to forgive $10,000, or $20,000 for Pell Grant Recipients. The oral arguments had Justice Kavanaugh question why he shouldn't just take the plain definition of "Waive" to mean forgive or cancel – but regardless – much rested on the major questions doctrine and whether Congress intended to authorize the President to use forgiveness like this.

The Solicitor General argued that the 2021 American Rescue Plan Act proved Congress believed the President had this power under the 2003 statute, because they altered the statute in that bill to waive any federal tax liability from Student Loan Forgiveness until 2025.

But regardless of whether a majority of the Court bought that argument, now we have Congress – both the House and Senate – recently pass a bill to take the authority to cancel student loan debt away from the President, and we have the President officially vetoing that bill.

Do you believe that this recent bill means that Congress did, in fact, believe that the President had/has this authority, and that the President retains this authority due to the veto? How could SCOTUS square the circle to say the Congress didn't/doesn't believe they created such an authority when Congress itself is actively trying to take the authority away? Does it matter that Congress is failing to take this authority away from the Presidency because of President Biden's veto, unless they can get 2/3 vote for a veto override?

Thoughts?

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Posted by6 hours ago
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Keep it Civil.
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Meta
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Low investment
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Submissions should be an impartial discussion prompt + questions.
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Provide some background and context. Offer substantive avenues for discussion.
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Everything in the post should be directly related to a political issue.
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Formatting and housekeeping things:

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