#201 | Posted by truthhurts
The statement in the query contains some inaccuracies and oversimplifications regarding the Supreme Court's decision on President Biden's student loan forgiveness program. Here's a breakdown of the relevant points:
1. **MOHELA's Role and Standing**:
- MOHELA (Missouri Higher Education Loan Authority) was central to Missouri's argument for standing in *Biden v. Nebraska*. The Supreme Court determined that MOHELA, as a quasi-governmental entity created by Missouri, would suffer financial harm from the forgiveness program, specifically losing $44 million annually. This harm satisfied the constitutional requirement for standing under Article III[1][5][8].
- While MOHELA itself did not voluntarily join the lawsuit, Missouri argued on its behalf, as MOHELA is considered an instrumentality of the state and subject to state supervision[1][2].
2. **Claim That MOHELA Stood to Benefit**:
- The assertion that MOHELA stood to make money off the forgiveness program contradicts the Court's findings. The Court explicitly noted that MOHELA would face financial losses due to reduced loan servicing revenue if the program proceeded[1][8].
3. **Supreme Court's Authority**:
- The Supreme Court ruled on the case because Missouri established standing through MOHELA's projected harm. Once standing was confirmed, the Court assessed whether the Department of Education had legal authority under the HEROES Act to implement sweeping loan forgiveness. The Court concluded that this exceeded the scope of "waive or modify" provisions in the Act, thus invalidating the program[1][3][5].
4. **Congressional Role**:
- Congress indeed has legislative authority over student loan policy, and critics of the decision argue that Congress could have acted to override or support Biden's plan. However, Congress did not file suit or pass legislation directly addressing this specific forgiveness program[5][6].
- The Supreme Court's decision was based on interpreting statutory authority under existing law, not legislating new policy. Critics like Justice Elena Kagan dissented, arguing that the decision effectively substituted judicial judgment for Congressional and executive policymaking[3][5].
In summary, while Missouri used MOHELA's financial harm to establish standing, MOHELA did not voluntarily join the case, and its projected losses were key to the Court's ruling. The Supreme Court acted within its adjudicative role by interpreting statutory limits under the HEROES Act rather than legislating policy changes. Congress retains ultimate authority over such programs but chose not to intervene directly in this instance[1][3][5].
Citations:
[1] www.ncsl.org
[2] protectborrowers.org
[3] time.com
[4] ago.mo.gov
[5] www.scotusblog.com
[6] www.cwla.org
keep being offended by cherry picked crap and smile and nod when LGH tells people to kill themselves. Alexandrite has decided to be petty on this thread but he's never put up with the vile crap LGH posts.
#207 | Posted by BellRinger
JFC the irony in this post is absolutely rife.
Get bent, ----.