With the stroke of his pen, President Joe Biden seemingly offered up hundreds of billions of dollars in exchange for 40 million+ youth votes ahead of midterms – but after the election, the money disappeared – and the Democrats may have known this would happen all along.
Biden’s Student Loan Forgiveness Plan, was pushed through via an executive order, offering the fantasy of canceling out hundreds of billions of dollars worth of debt for the borrowers on the average American’s dime.
One of the issues, however, is that Biden simply did not the authority to advance this type of order without the backing of Congress, and that’s exactly what a judge determined.
U.S. District Judge Mark Pittman ruled that the plan was “an unconstitutional exercise of Congress’s legislative power and must be vacated.”
The White House has attempted to argue that the student loan forgiveness plan is legal under the Higher Education Relief Opportunities for Students (HEROES) Act, which grants the Department of Education the authority to cancel so much debt for so many people because of the COVID-19 pandemic, but that was always a shaky argument at best and the White House was fully aware of that.
Pittman ruled that HEROES Act did not authorize the $400 billion student loan forgiveness program.
“Whether the Program constitutes good public policy is not the role of this Court to determine. Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States,” Pittman wrote.
“In this country, we are not ruled by an all-powerful executive with a pen and a phone. Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government…The Court is not blind to the current political division in our country.”
“But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved. And having interpreted the HEROES Act, the Court holds that it does not provide ‘clear congressional authorization for the Program proposed by the Secretary,” Pittman added.
From the beginning, the Democrats knew Biden’s order was illegal but they chose to move forward with it anyways.
In fact, even House Speaker Nancy Pelosi (D-CA) had stated prior to the signing of the order that as President, Biden lacked the “power” to cancel large amounts of student loan debt.
The administration claimed that the plan was designed to help bring relief to Americans struggling under the weight of student loan debt, but the sad reality is it was more likely a temporary bribe designed to buy Democrats more votes during midterms – which would explain why they were never too worried about the long term legality of the plan to begin with.