After reading the transcripts from the Supreme Court hearing on the Biden student loan forgiveness plan, I would imagine liberals are standing over the toilet right now.
Their only glimmer of hope was Justice Barrett, who took a bit of a different approach based on the Higher Education Loan Authority of the State of Missouri (MOHELA).
Even with her vote, though, the other five conservative justices appear to be ready to kill Biden’s programs.
Lots of Concern
Rather than listen to my two cents on this, let me put some key comments by the six conservative justices (since we know the liberal justices will all back Biden).
Justice Roberts: “We’re talking about half a trillion dollars and 43 million Americans. How does that fit under the normal understanding of ‘modifying’?“
Justice Thomas: “Could you explain then, in other provisions there is express language as to cancellation, and, of course, there isn’t here.”
Justice Gorsuch: “I understand the Secretary has considerable expertise when it comes to educational affairs, but in terms of macroeconomic policy, do we normally assume that every Secretary, cabinet member, as learned as they are, has that kind of knowledge?”
Justice Kavanaugh: “Some of the biggest mistakes in the Court’s history were deferring to assertions of executive emergency power. Some of the finest moments in the Court’s history were pushing back against presidential assertions of emergency power.“
Justice Alito: “Why is it fair? If it was, if you didn’t have to do it? Why is it in the answer to say that it was warranted? Maybe it was warranted, but why was it done? I guess you don’t want to answer the question.”
Justice Barrett: “If MOHELA is an arm of the state, why didn’t you just strong-arm MOHELA and say you’ve got to pursue this suit?”
Now, Barrett’s comment does not mean she will side with the liberals, but she does bring up a valid point.
Regardless, the other five seem in lockstep in terms of blocking this program, which will be a crushing blow for Biden and likely send the entire left into a tizzy.
I would suspect immediate protests at the homes of the justices.
The only question at that point is if Garland will step up and actually enforce the law that says it is illegal for such activity to take place. Thus far, he has refused to do so.
Source: The Hill