Republicans Plan To Sue To Stop Biden S Student Debt Relief

Lawsuits to cancel or slow the relief program have been discussed by Republican attorneys general from several states, including Arizona, Missouri and Texas, The Washington Post’s Tony Romm, Jeff Stein and Danielle Douglas-Gabriel. Other conservative and right-wing groups – including Sen. Ted Cruz (R-TX), the Heritage Foundation and the Job Creators Network – are considering legal action of their own. Although no lawsuits have yet been filed, the legal challenges are expected to center on the president’s legal authority to unilaterally write off student loan debt. The Biden administration says it has that authority under a 2003 law that gives the executive branch the ability to renew student loan programs during a national emergency, which White House officials say is the case during the pandemic. Republicans say the Biden administration is overstepping its authority. They also charge that the relief plan is fiscally irresponsible and unfair to those who have paid off their loans and those who have never attended college. Finding a whistleblower with standing to sue — that is, someone harmed by the program — is proving to be a stumbling block for the Republican effort. “The difficulty here is finding a plaintiff that the courts will find has standing,” Cruz said. “That could prove to be a real challenge.” Conservative legal entities “need to find a client with the wherewithal and the guts to take on a lawsuit,” John Malcolm of the Heritage Foundation told the Post. “There are several teams in our network that are exploring this right now.” The story continues Assuming Republicans can clear that hurdle, some legal experts say a lawsuit challenging the president’s legal authority could have a good chance of succeeding — especially if the case reaches the Supreme Court, which is now dominated by conservatives who don’t show no sign of avoiding politically charged decisions. Fordham Law School professor Jed Handelsman Shugerman, who has said he supports the Biden policy, told the Post that the White House’s national emergency argument is weak. “If they continue with that argument and that interpretation of the statute, they’re likely to lose 6 to 3, and they’re likely to lose by more than 6 to 3,” Sugarman said, referring to a possible Supreme Court vote. “I predict that this good policy will be properly struck down by the courts on legal terms.” Other legal experts say that whatever the strength of the executive branch argument, Republicans may not be able to solve the basic problem of finding someone with standing to sue in the first place. “It is highly unlikely that any of these groups will be able to demonstrate that they have suffered any legally cognizable injury that would enable them to challenge these actions,” Abby Saffroth of the National Consumer Law Center told Insider. Whatever the outcome, the fact that Republicans are pursuing legal action means that borrowers who would benefit from the program cannot be absolutely certain that their debts will be forgiven. Even if the courts ultimately dismiss the Republicans’ lawsuits, there could be delays in the program going into effect as judges review the claims and counterclaims. “The uncertainty for borrowers in the meantime is, I’m afraid, significant,” Laurence Tribe, a Harvard law professor, told CNBC. Do you like what you read? Sign up for our free newsletter.

title: “Republicans Plan To Sue To Stop Biden S Student Debt Relief Klmat” ShowToc: true date: “2022-12-19” author: “Rene Beckman”

Lawsuits to cancel or slow the relief program have been discussed by Republican attorneys general from several states, including Arizona, Missouri and Texas, The Washington Post’s Tony Romm, Jeff Stein and Danielle Douglas-Gabriel. Other conservative and right-wing groups – including Sen. Ted Cruz (R-TX), the Heritage Foundation and the Job Creators Network – are considering legal action of their own. Although no lawsuits have yet been filed, the legal challenges are expected to center on the president’s legal authority to unilaterally write off student loan debt. The Biden administration says it has that authority under a 2003 law that gives the executive branch the ability to renew student loan programs during a national emergency, which White House officials say is the case during the pandemic. Republicans say the Biden administration is overstepping its authority. They also charge that the relief plan is fiscally irresponsible and unfair to those who have paid off their loans and those who have never attended college. Finding a whistleblower with standing to sue — that is, someone harmed by the program — is proving to be a stumbling block for the Republican effort. “The difficulty here is finding a plaintiff that the courts will find has standing,” Cruz said. “That could prove to be a real challenge.” Conservative legal entities “need to find a client with the wherewithal and the guts to take on a lawsuit,” John Malcolm of the Heritage Foundation told the Post. “There are several teams in our network that are exploring this right now.” The story continues Assuming Republicans can clear that hurdle, some legal experts say a lawsuit challenging the president’s legal authority could have a good chance of succeeding — especially if the case reaches the Supreme Court, which is now dominated by conservatives who don’t show no sign of avoiding politically charged decisions. Fordham Law School professor Jed Handelsman Shugerman, who has said he supports the Biden policy, told the Post that the White House’s national emergency argument is weak. “If they continue with that argument and that interpretation of the statute, they’re likely to lose 6 to 3, and they’re likely to lose by more than 6 to 3,” Sugarman said, referring to a possible Supreme Court vote. “I predict that this good policy will be properly struck down by the courts on legal terms.” Other legal experts say that whatever the strength of the executive branch argument, Republicans may not be able to solve the basic problem of finding someone with standing to sue in the first place. “It is highly unlikely that any of these groups will be able to demonstrate that they have suffered any legally cognizable injury that would enable them to challenge these actions,” Abby Saffroth of the National Consumer Law Center told Insider. Whatever the outcome, the fact that Republicans are pursuing legal action means that borrowers who would benefit from the program cannot be absolutely certain that their debts will be forgiven. Even if the courts ultimately dismiss the Republicans’ lawsuits, there could be delays in the program going into effect as judges review the claims and counterclaims. “The uncertainty for borrowers in the meantime is, I’m afraid, significant,” Laurence Tribe, a Harvard law professor, told CNBC. Do you like what you read? Sign up for our free newsletter.

title: “Republicans Plan To Sue To Stop Biden S Student Debt Relief Klmat” ShowToc: true date: “2022-11-26” author: “Melody Salas”

Lawsuits to cancel or slow the relief program have been discussed by Republican attorneys general from several states, including Arizona, Missouri and Texas, The Washington Post’s Tony Romm, Jeff Stein and Danielle Douglas-Gabriel. Other conservative and right-wing groups – including Sen. Ted Cruz (R-TX), the Heritage Foundation and the Job Creators Network – are considering legal action of their own. Although no lawsuits have yet been filed, the legal challenges are expected to center on the president’s legal authority to unilaterally write off student loan debt. The Biden administration says it has that authority under a 2003 law that gives the executive branch the ability to renew student loan programs during a national emergency, which White House officials say is the case during the pandemic. Republicans say the Biden administration is overstepping its authority. They also charge that the relief plan is fiscally irresponsible and unfair to those who have paid off their loans and those who have never attended college. Finding a whistleblower with standing to sue — that is, someone harmed by the program — is proving to be a stumbling block for the Republican effort. “The difficulty here is finding a plaintiff that the courts will find has standing,” Cruz said. “That could prove to be a real challenge.” Conservative legal entities “need to find a client with the wherewithal and the guts to take on a lawsuit,” John Malcolm of the Heritage Foundation told the Post. “There are several teams in our network that are exploring this right now.” The story continues Assuming Republicans can clear that hurdle, some legal experts say a lawsuit challenging the president’s legal authority could have a good chance of succeeding — especially if the case reaches the Supreme Court, which is now dominated by conservatives who don’t show no sign of avoiding politically charged decisions. Fordham Law School professor Jed Handelsman Shugerman, who has said he supports the Biden policy, told the Post that the White House’s national emergency argument is weak. “If they continue with that argument and that interpretation of the statute, they’re likely to lose 6 to 3, and they’re likely to lose by more than 6 to 3,” Sugarman said, referring to a possible Supreme Court vote. “I predict that this good policy will be properly struck down by the courts on legal terms.” Other legal experts say that whatever the strength of the executive branch argument, Republicans may not be able to solve the basic problem of finding someone with standing to sue in the first place. “It is highly unlikely that any of these groups will be able to demonstrate that they have suffered any legally cognizable injury that would enable them to challenge these actions,” Abby Saffroth of the National Consumer Law Center told Insider. Whatever the outcome, the fact that Republicans are pursuing legal action means that borrowers who would benefit from the program cannot be absolutely certain that their debts will be forgiven. Even if the courts ultimately dismiss the Republicans’ lawsuits, there could be delays in the program going into effect as judges review the claims and counterclaims. “The uncertainty for borrowers in the meantime is, I’m afraid, significant,” Laurence Tribe, a Harvard law professor, told CNBC. Do you like what you read? Sign up for our free newsletter.

title: “Republicans Plan To Sue To Stop Biden S Student Debt Relief Klmat” ShowToc: true date: “2022-12-09” author: “Linda Cryderman”

Lawsuits to cancel or slow the relief program have been discussed by Republican attorneys general from several states, including Arizona, Missouri and Texas, The Washington Post’s Tony Romm, Jeff Stein and Danielle Douglas-Gabriel. Other conservative and right-wing groups – including Sen. Ted Cruz (R-TX), the Heritage Foundation and the Job Creators Network – are considering legal action of their own. Although no lawsuits have yet been filed, the legal challenges are expected to center on the president’s legal authority to unilaterally write off student loan debt. The Biden administration says it has that authority under a 2003 law that gives the executive branch the ability to renew student loan programs during a national emergency, which White House officials say is the case during the pandemic. Republicans say the Biden administration is overstepping its authority. They also charge that the relief plan is fiscally irresponsible and unfair to those who have paid off their loans and those who have never attended college. Finding a whistleblower with standing to sue — that is, someone harmed by the program — is proving to be a stumbling block for the Republican effort. “The difficulty here is finding a plaintiff that the courts will find has standing,” Cruz said. “That could prove to be a real challenge.” Conservative legal entities “need to find a client with the wherewithal and the guts to take on a lawsuit,” John Malcolm of the Heritage Foundation told the Post. “There are several teams in our network that are exploring this right now.” The story continues Assuming Republicans can clear that hurdle, some legal experts say a lawsuit challenging the president’s legal authority could have a good chance of succeeding — especially if the case reaches the Supreme Court, which is now dominated by conservatives who don’t show no sign of avoiding politically charged decisions. Fordham Law School professor Jed Handelsman Shugerman, who has said he supports the Biden policy, told the Post that the White House’s national emergency argument is weak. “If they continue with that argument and that interpretation of the statute, they’re likely to lose 6 to 3, and they’re likely to lose by more than 6 to 3,” Sugarman said, referring to a possible Supreme Court vote. “I predict that this good policy will be properly struck down by the courts on legal terms.” Other legal experts say that whatever the strength of the executive branch argument, Republicans may not be able to solve the basic problem of finding someone with standing to sue in the first place. “It is highly unlikely that any of these groups will be able to demonstrate that they have suffered any legally cognizable injury that would enable them to challenge these actions,” Abby Saffroth of the National Consumer Law Center told Insider. Whatever the outcome, the fact that Republicans are pursuing legal action means that borrowers who would benefit from the program cannot be absolutely certain that their debts will be forgiven. Even if the courts ultimately dismiss the Republicans’ lawsuits, there could be delays in the program going into effect as judges review the claims and counterclaims. “The uncertainty for borrowers in the meantime is, I’m afraid, significant,” Laurence Tribe, a Harvard law professor, told CNBC. Do you like what you read? Sign up for our free newsletter.