Republican Judges Bending Over Backwards To Kill Biden's Student Debt Relief
Mark Joseph Stern joins the show to discuss how right-wing judges are using very dubious legal reasoning to halt Biden's student debt relief program.
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All right, let's talk about the student loan cases now. about a month ago the eighth circuit put a temporary stay on this case it was a case brought by I think six Republican attorney generals who were arguing that you know there was a question as to whether they had standing and they had to prove that they had standing by saying that they had invested in some private loans and there was a conversion mechanism that ended before September before this program kicked in that would have basically meant that their states could potentially lose money. sort of like a bank shot a loss of money I guess you would say under this program which would have given them standing and they could argue that it wasn't legit. Just yesterday the eighth Court did enjoin it which made it a little bit less temporary right? or did they halt the program? and this is not to be confused with the Texas judge who also halted the program I guess a week and a half ago. what and now I know there were two different authorities that President Biden could have theoretically done this. One was under the Heroes Act passed in the wake of 9 11 which said that the Department of Education under the auspices of the presidency could forgive the debt if it was connected to an important word apparently to any type of National Emergency which would have inhibited people's ability to pay back that debt. connected as opposed to concurrent with so that like you know you could argue that was the auspices in which this loan forgiveness happened under the Heroes Act. is that what made this susceptible to these challenges? or was it something else? These judges were always going to find a way to block this law. I mean I think you can do this program. and you can see that because they're concocting these ridiculous theories of standing. and you laid out one like Missouri has this student loan processor that has the name Missouri the word Missouri in its name it's called like the Missouri something. it's not a part of the state it's not a state agency but the state of Missouri somehow persuaded the eighth circuit that it is and got this preliminary injunction against the program.
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