Biden Initiates Emergency Supreme Court Appeal For His Student Debt Bailout Scheme

P. Gardner Goldsmith | November 21, 2022
Text Audio
00:00 00:00
Font Size

At the close of my November 13 MRCTV report on the Biden Department of Education removing its Student Loan Forgiveness (ie. Shift the Costs to Others) Application webpage, I noted that Biden has, again, extended Donald Trump’s March 13, 2020 so-called “Emergency Declaration” concerning COVID-19.

Also in that closing, I got to speculate as to whether this extension, running to the end of April, 2023, was part of Biden’s plan to not only allow more “emergency” pork handouts to corporations and state-level politicians, but also to let him claim in a possible Supreme Court of the US (SCOTUS) appeal of the Eighth Circuit injunction that he can “forgive” almost $500 billion in student loan debt.

Confirmation of the latter appeal has been swift.

Timothy Nerozzi reports for FoxNews:

President Biden's administration is requesting the U.S. Supreme Court to preserve its ill-fated program to forgive hundreds of billions of dollars in student debt.

The Justice Department is asking the Supreme Court to block previous rulings out of Texas and Missouri that ruled the program unconstitutional. 

The department claims that stalling the program could put Americans in financial difficulty, as payments on student loans are expected to resume in January after years of a pandemic-related grace period.”

Judge Mark Pittman’s ruling clearly notes one key factor of constitutionality that Biden breached when he issued his August Executive Order, magically creating the cost-shifting program that would, if executed, see us pay the college loans of others.

Related: Ed Dept. Quietly Removes Application Webpage After Federal Court Blocks Biden's 'College Loan Forgiveness' | MRCTV


"’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,’ United States District Judge Mark Pittman wrote Nov. 10.”

At the heart of the Bidenista argument is the so-called HEROES Act, which allows the feds to provide “debt relief” to soldiers called into military service.

In my Nov 13 piece, I acknowledged…

“…the emptiness of Biden’s EO-claim that under the so-called HEROES Act (the title is an acronym derived from the 2020 ‘Higher Education Relief Opportunities For Students Act”) he was granted the power to have the Education Department wave or modify the debts students owe US agencies, the Department of Education, in particular.”

In his ruling, Pittman noted that Biden’s lawyers said HEROES allowed El Presidente to:

“…waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act [20 U.S.C. 1070 et seq.] as the Secretary (of Education) deems necessary in connection with a war or other military operation or national emergency.”

Which, again, is one of the major reasons why Biden extended the so-called “Emergency” that he has no constitutional power to extend, and which Donald Trump had no constitutional authority to declare.

But the HEROES Act, itself, is a double-whammy against the Constitution and morality.

First, as Tennessee Congressman David Crockett noted in 1830, the feds can pay soldiers for service during War, but they are not constitutionally sanctioned to provide extra benefits (things such as the GI Bill, post-WWII, and this HEROES scheme of “debt forgiveness”) beyond what remuneration was promised for military action.

Second, the Department of Education is not sanctioned by the Constitution, so the “college loans” the feds hand out are big insults to the "rules," to us, and to the Founders.

Eighth Circuit Judge Pittman, President Joe Biden, and the members of Congress swore to “protect and defend" the Constitution, but not one of them is acknowledging the fact that education is not a federal matter. Not one is admitting that any federal “college loans” or “grants" are undeniably illegitimate, in the first place. And you can bet that even the so-called “originalists” on the SCOTUS will not touch this issue, either.

For a detailed analysis of how the federal government began unconstitutionally to build its “Education Welfare Edifice” – from its college loans and grants, to how those spur price inflation in colleges, to how they get the feds meddling in education content, please feel free to read my 2017 piece on the topic for MRCTV.

Meanwhile, we will wait to see what the SCOTUS does with Biden’s new “emergency” appeal – and we will wonder what happened to the “words on paper” of the US Constitution.