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Biden v. Nebraska dissenting opinion in loan forgiveness

Biden v. Nebraska dissenting opinion in loan forgiveness

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AverageJoe1
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@wildgrass said
I just read Justice Barrett's opinion. It is well written and revealing. She writes about "common sense" interpretations of the law that take away literal interpretation. In essence, the opinion to disallow student debt relief was not based on the words written by Congress in the statute, it was based on her own common sense understanding of what Congress meant to write. Sh ...[text shortened]... by elected officials to something else that she thinks is more reasonable.

So... Is that her job?
I repeat.....first, is it fair for the grads to get traveling money while the poor labor in a brickyard? A yes or no will be fine.
Secondly, you libs would have a field day if the justices said hell yes, let us bail out the grads. Because, you would then be able to approach their bench with requests to buy your granny a new sewing machine because her old one broke, and she is losing sewing business, which is an emergency.
What a joke your reasonings are. How about for fun, we all describe what we find to be an emergency. Having too many police is an emergency to someone like Shav, for instance.

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@averagejoe1 said
I repeat.....first, is it fair for the grads to get traveling money while the poor labor in a brickyard? A yes or no will be fine.
Secondly, you libs would have a field day if the justices said hell yes, let us bail out the grads. Because, you would then be able to approach their bench with requests to buy your granny a new sewing machine because her old one brok ...[text shortened]... find to be an emergency. Having too many police is an emergency to someone like Shav, for instance.
Fairness is not up for debate in this thread, it is completely irrelevant. Go talk to the libs.

The justices have no place saying "hell yes" or "hell no" unless a constitutional rationale is cited in their decision. They are not elected officials and they should not be making public policy. In this case, they think the bailout of some peoples is fine, but the bailout of others is too much of a "major question" so they say the lawmaker cannot do it.

Why are these reasonings a joke?

AverageJoe1
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@wildgrass said
Fairness is not up for debate in this thread, it is completely irrelevant. Go talk to the libs.

The justices have no place saying "hell yes" or "hell no" unless a constitutional rationale is cited in their decision. They are not elected officials and they should not be making public policy. In this case, they think the bailout of some peoples is fine, but the bailout of ...[text shortened]... uch of a "major question" so they say the lawmaker cannot do it.

Why are these reasonings a joke?
OK, back up a step. You mention the SCOTUS, but do not mention Biden trying to violate the constitution, by fiat, doling out money to a group he dreamed up in the shower one morning??
Does it not require congress to make such decisions? You must have missed a few posts on this thread. So, people like me hollered 'foul', and asked the court to rule on a constitutional matter. And they most certainly 'did' cite constitutional rationale. It does NOT allow a president to make such willy nilly decisions.
And this sentence does not make sense..."So they say a lawmaker cannot do it'. What lawmaker? Do what?
Could you clean up this post and resubmit?

AverageJoe1
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Fairness not up for debate, true. Debate is about can Biden forgive the debts. Fair points.
But just between you and me, liberals are all about fair, even your VP, Kamala, said last year, everything should be where we all end up in the same place at the end of the day. She said that.
So, stipulating to weennie libs wanting everything fair, I ask again, which you will not answer for fear of being chided by Sue, et al........... Is it fair to forgive those debts, but not the debt of the guy with the donut shop who cannot sell donuts, due to Covid, and also due to Biden inflation?

no1marauder
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@averagejoe1 said
OK, back up a step. You mention the SCOTUS, but do not mention Biden trying to violate the constitution, by fiat, doling out money to a group he dreamed up in the shower one morning??
Does it not require congress to make such decisions? You must have missed a few posts on this thread. So, people like me hollered 'foul', and asked the court to rule on a constitutio ...[text shortened]... a lawmaker cannot do it'. What lawmaker? Do what?
Could you clean up this post and resubmit?
"Notwithstanding any other provision of law,
unless enacted with specific reference to this section, the
Secretary of Education (referred to in this Act as the
``Secretary'' ) may waive or modify any statutory or regulatory
provision applicable to the student financial assistance
programs under title IV of the Act as the Secretary deems
necessary
in connection with a war or other military operation
or national emergency to provide the waivers or modifications
authorized by paragraph (2)."

https://www.govinfo.gov/content/pkg/PLAW-108publ76/html/PLAW-108publ76.htm

Congress gave the Secretary of Education the power to waive or modify student loans due to hardships caused by a national emergency 20 years ago. And despite your pitiful lying, Biden hardly dreamed it "up in the shower one morning"; it was part of the campaign platform the American People elected him to put into effect.

AverageJoe1
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@no1marauder said
"Notwithstanding any other provision of law,
unless enacted with specific reference to this section, the
Secretary of Education (referred to in this Act as the
``Secretary'' ) [b]may waive or modify any statutory or regulatory
provision applicable to the student financial assistance
programs under title IV of the Act as th ...[text shortened]... e morning"; it was part of the campaign platform the American People elected him to put into effect.
BS. You continue to avoid my question..............................WHY did they pick the loans of college graduates, most of whom have gone on, AS PLANNED, to graduate, get a job, pay off the loans?????????????????????????????????????????????????????.
My granny on my great uncle's side is up to her ears in debt after people who are suffering under what you call an emergency stopped paying her to take in laundry. Emergency, No1??
Who decided this thing qualified as an Emergency? The DOE? Are THEY qualified to decide that? Have they been to Emergency School?
New Paragraph: Do you think there is an inkling of bias when a dept of education approves paying money to people IN THEIR EDUCATION programs? A blatant conflict. YOU have a conflict, and I find you disingenuous.

no1marauder
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@averagejoe1 said
BS. You continue to avoid my question..............................WHY did they pick the loans of college graduates, most of whom have gone on, AS PLANNED, to graduate, get a job, pay off the loans?????????????????????????????????????????????????????.
My granny on my great uncle's side is up to her ears in debt after people who are suffering under what you call an em ...[text shortened]... N THEIR EDUCATION programs? A blatant conflict. YOU have a conflict, and I find you disingenuous.
Who decided COVID was a "national emergency"?

Donald Trump. https://www.ncsl.org/state-federal/trump-declares-state-of-emergency-for-covid-19

Broken clock right twice a day.

AverageJoe1
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@no1marauder said
Who decided COVID was a "national emergency"?

Donald Trump. https://www.ncsl.org/state-federal/trump-declares-state-of-emergency-for-covid-19

Broken clock right twice a day.
I know you study this stuff to the nth degree, I play golf, hobby city, cool.
But you suggest here that the DOE had no input on deciding to forgive student loans? Am I getting that right?

no1marauder
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@averagejoe1 said
I know you study this stuff to the nth degree, I play golf, hobby city, cool.
But you suggest here that the DOE had no input on deciding to forgive student loans? Am I getting that right?
The Secretary mentioned in the statute is the Secretary of Education. So yes he is the one who actually promulgates the regulations which waive or modify the terms of student loan once a national emergency is declared.

That declaration is done by the President pursuant to various laws Congress has made.

AverageJoe1
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@no1marauder said
The Secretary mentioned in the statute is the Secretary of Education. So yes he is the one who actually promulgates the regulations which waive or modify the terms of student loan once a national emergency is declared.

That declaration is done by the President pursuant to various laws Congress has made.
Right, sec of Ed was in on deciding to give money to people they are educating. Your point ? You sure can dance.

no1marauder
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@averagejoe1 said
Right, sec of Ed was in on deciding to give money to people they are educating. Your point ? You sure can dance.
I've already debunked the "giving money" nonsense.

Congress gave the Secretary of Education the authority to waive and/or modify student loan during a national emergency. You don't like that I understand. But they did it.

A majority of the SCOTUS didn't like it either, so they ignored the clear will of Congress as expressed in the words of the HEROES Act.

AverageJoe1
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@no1marauder said
I've already debunked the "giving money" nonsense.

Congress gave the Secretary of Education the authority to waive and/or modify student loan during a national emergency. You don't like that I understand. But they did it.

A majority of the SCOTUS didn't like it either, so they ignored the clear will of Congress as expressed in the words of the HEROES Act.
I recall your curious double talk debunk………no real exchange of money or some such, but yet the graduates would not have to pay $40k back. So, that is money that they had planned to pay back, now they don’t, so they use the unused money to travel instead of pay it back.
Am I right so far?

AverageJoe1
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@AverageJoe1
Oh, and was anyone else affected by the national emergency, or was it just students?

no1marauder
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@averagejoe1 said
@AverageJoe1
Oh, and was anyone else affected by the national emergency, or was it just students?
You were alive in 2020 and 2021 weren't you?

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@averagejoe1 said
@AverageJoe1
Oh, and was anyone else affected by the national emergency, or was it just students?
Yes... of course. The federal government spent trillions.

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