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OA780: SCOTUS Blocked Biden From Cancelling Student Loans Because F--- You Is Why (Patreon)

Published:
2023-07-21 05:18:27
Imported:
2026-06
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Liz and Andrew provide a brief update as we continue to wait with bated breath on Trump indictments in DC (for the January 6th insurrection) and possibly in Fulton County, Georgia (for trying to falsify Georgia's election results).

In the main segment, Liz and Andrew break down the Supreme Court's recent decision in Biden v. Nebraska on the so-called "major questions" doctrine as to why we can't have nice things like student loan forgiveness.

This is a paid post on Patreon.

NotesBiden v. Nebraskahttps://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf

Dep’t of Education v. Brownhttps://www.supremecourt.gov/opinions/22pdf/22-535_i3kn.pdf

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Comments

David in Brooklyn

Thank you for not writing "... with baited breath" (as if our breathing were a mousetrap).

Constance Ripp

As a Nebraskan, I am repeatedly horrified and embarrassed by the state government. Their only function in government is to perpetuate the radical right. The giant R on our ballots means they are blindly elected. People live in a bubble since the 40% Democratic population and their candidates never received funding from any national Dem organization. At least we have been able to send 1 electorial college vote for Obama and for Biden in the past which is more than other dark, red states can give. Slogans of faith, family and individual rights are the superficial bs while stripping away rights to body autonomy, demonizing the minuscule trans population, taking away our land rights via eminent domain giving power to corporations. If these voters actually LOOKED at these horrific actions vs being blinded, these people would be out of office. We will keep fighting against the firmly entrenched propaganda of forty plus years that has produced such a multitude of "sheeple".

Jeff Steele

I’m sorry but your interpretation of the HEROS act is too generous to justify executive action. It’s right there in the section Liz read people effected or who suffered direct economic hardship. The Biden plan did not require any test for hardship or those “effected”. Simply existing in a disaster area was never enough to get relief under that act. When my Marines would get deployed we’d have to send in proof that they went to get various types of relief, not just that deployments happened to some people while they were in the Marines. The unconstrained forgiveness is what makes the executive action overly broad.

Opening Arguments

The plan was means-tested (under $125K) & that’s always been sufficient to trigger the application of the HEROES Act. (Note also that this argument wasn’t even made by the plaintiffs, or raised independently by the Court.)

Opening Arguments

So what exactly do you think we were dishonest about in our legal assessment?

Jeff Steele

I think the spirit is covered by Roberts when he talks about re-writing the law. Like Heller I think it’s going to go into the poorly reasoned but rightly decided things that I disagree with Andrew about. It strains credulity to say that earning a salary less than $125k is a hardship from a national emergency. Job loss? Sure. Taking care of relatives? Absolutely. But saying COVID effected me because I started 2020 making $110k and ended 2023 making $124k is a bit much. Also not a big fan of John Eastman and Steven Miller interpreting national emergencies to mean they can shift appropriations without congress in the Trump 2.0 administration.