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This week Briahna interviews Fordham Law Professor Jed Shugerman about his recent article in The Atlantic which warned that Biden's student debt cancelation plan is likely to fail a legal challenge at the Supreme Court level. Was all the celebration over Biden finally "doing something" for naught? And did the Biden administration just goof, or is this another instance of Democrats supporting a policy in theory that the know will be struck down for procedural reasons?

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Produced by Armand Aviram.

Theme by Nick Thorburn (@nickfromislands)

Comments

Anonymous

A very useful interview. This is the sort of information Brie is uniquely able to bring to our attention among left podcasters. I listen to a range of leftie podcasts and each has its strength but providing this sort of legal and policy nuance is what sets Bad Faith apart. Thanks for this one!

Anonymous

Also think this was great! I was super skeptical whether this $10k relief was actually gonna happen. As soon as I heard the fact that the 10k one-time, means-tested plan, didn't make the banks who service these loans frantic - I knew it was just a midterm tease. Biden's Caregivers never meant for this to be anything other than a bait and switch. Only confirms my opinion that the Dems & the Progressive Pelosi Rimlickers are not worth one thin-dime donation or one volunteer door-knock. #NeverAgainDem

Anonymous

Wish some People and Policy OVER Profit and Party folk would have a MORE “SO? SUE ME!” approach toward enacting equity achieving policies via EO..... Rather than a lack of will revealing faux Pearl clutching over bogus procedural “road blocks”. Let those striking it down via SCOTUS try and run on “taking it away”. Be it M4A under the ACA “Libby , Montana “ provision or be it total debt cancellation. JUST DO IT! Even a few months of having survival basics, folks would see clearly who was REALLY working AGAINST them by seeing who sought to take those survival basics AWAY again. Right now, it is BOTH red and blue donor serving/self enriching Corporatists Elected Elites acting AGAINST regular folks interest. Full stop.

Anonymous

There’s the same “emergency” argument for a SURVIVABLE FEDERAL MINIMUM WAGE! That’s at THE HEART of FDR’s actions!

Anonymous

Legally, if the POTUS has declared a FORMAL state of emergency (as we are CURRENTLY still based on Covid ), there’s no basis for striking down the debt moratorium had 46 elected to continue end on end extensions. The VERY REASON 46 did NOT want to declare a “climate emergency” or “inflation/ profiteering emergency” is BECAUSE it would expand presidential powers TO FIX THOSE THINGS. And neither Dems nor Repubs have any interest whatsoever in helping regular folks. BIDEN AND THE DEMS WANT TO BE ABLE TO DEFLECT BLAME. That’s their MO while still pretending to (what they see as) their base that they TRIED and are on our side.

Jonathan Kadmon

Biden avoided using the Higher Education Act statute to avoid acknowledging that he has had the power to forgive ALL of the debt the whole time.

Anonymous

SPOT ON!!! This was all discussed with loan servicers (who picked the amount of “relief” based on how quickly they’d get it back in interest lest the “plan” fail) and with “Legal” before hand. This is why 46 DELAYED doing anything about student debt. Had to be sure the timing was right to both run on it in midterms and have the “conservative court” (which Dems fully enabled—and approve of)being seated) legal challenge. It’s the Deceptive Dems MO. They want to be able to say one thing to their “base” (we tried and tried but Republicans) and vote/allow another to keep donor money-cannons aimed at their own coffers (“see? We only SAID we would work against your interests to get elected again, Donors, but we screwed the folks again like you pay us to”)

Demented Avenger

Did Biden not use the Higher Education Act to his student debt forgiveness plan so that it would NOT survive a legal challenge? Admittedly, that's too much 4D chess for the Democrats normally, but one has to wonder. This lets the Biden Administration get its win for the midterms, but doesn't actually end student debt relief. Furthermore, it can then say to the left, "Well, what you want isn't legal!"

Jonathan Kadmon

I don't think he thought it wouldn't survive a legal challenge I think he thought he had more freedom to use this legislation that had a finite shelf life to do it once and never again. He was trying to avoid a situation where he'd be obligated to forgive more of it