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| Biden’s student debt relief. | |
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oliver clotheshoffe Regular Member
Posts : 1724 Join date : 2019-02-04 Age : 65
| | | | Temple Regular Member
Posts : 7317 Join date : 2014-07-29
| Subject: Re: Biden’s student debt relief. Fri Nov 11, 2022 6:04 pm | |
| 11-11-2022
DOJ appeals as Trump-appointed judge blocks student debt cancellation with 'farcical' ruling.
The Justice Department filed an appeal Thursday after a Trump-appointed federal judge in Texas blocked the Biden administration's student debt cancellation program nationwide, declaring it "unlawful" on grounds that legal experts criticized as laughable.
The 26-page ruling by Mark Pittman of the U.S. District Court for the Northern District of Texas finds that the two plaintiffs who brought the case with the backing of the Job Creators Network Foundation—an affiliate of a right-wing, billionaire-funded business trade group—have standing to sue over the debt cancellation program because the Biden administration didn't allow a public comment period before moving ahead with the plan.
A public comment period is not required under the legal authority the Biden administration used to justify the cancellation of $10,000 to $20,000 in federal student loan debt for most borrowers, but Pittman noted that the plaintiffs dispute that legal authority.
"Today, a federal judge conspired with right-wing politicians and corrupt corporations to block life-changing student debt relief for tens of millions of families," said Mike Pierce, executive director of the Student Borrower Protection Center (SBPC).
Shortly after Pittman handed down his ruling, White House Press Secretary Karine Jean-Pierre said in a statement that "we strongly disagree with the District Court's ruling on our student debt relief program and the Department of Justice has filed an appeal."
Biden could have directed the education secretary to cancel people's debts using the 'compromise and settlement' authority granted in the Higher Education Act of 1965, but instead his administration invoked a different and more limited legal authority."
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| | | Grackle
Posts : 2495 Join date : 2017-09-09
| Subject: Re: Biden’s student debt relief. Sat Nov 12, 2022 5:22 pm | |
| ... I guess since this federal judge was appointed by Trump, his rulings aren't really valid in the eyes of these big shots ... They're "~laughable~" actually .. They point to a specific ruling while his ruling was _26 pages_ .. and while they're yuckin' it up, laughing at the rulings of a federal judge, there are no student loans being paid with hundreds of Billion$ of taxpayer's money.. That *is* the point here .. during their knee-slapping over the ruling they can go ahead and appeal ...but with hundreds of Billion$ on the line, a federal judge's decision is no laughing matter, regardless of who appointed him, and their appeal is probably for naught - Quote :
- Today, a federal judge conspired with right-wing politicians and corrupt corporations to block life-changing student debt relief for tens of millions of families,"
Ahh.. Conspiracy theories?.. And Temple would have us believe that the conspiracy theories are all from the right wing, ultra maga extremists ..A "threat to our democracy" ..and here he's pasting a conspiracy theory, claiming a federal judge conspired with right wing politicians and corrupt corporations, with no base in fact to support the theory ... Maybe his time would be better spent chasing his tail with that instead of chewing his own ass with his fixation on Trump for the past 5-6 years |
| | | Temple Regular Member
Posts : 7317 Join date : 2014-07-29
| Subject: Biden’s student debt relief. Tue Nov 15, 2022 4:06 pm | |
| 11-15-2022
'Clearly no jurisdiction': Constitutional law expert rips Trump judge’s ruling on Biden’s student debt relief.
Two years have passed since former President Donald Trump was decisively voted out of office, yet his influence on the federal judiciary remains.
One of them was Judge Mark Pittman, a federal district judge in Texas. Pittman has ordered President Joe Biden’s program for forgiving student loan debt to be discontinued. And according to legal expert Laurence H. Tribe, the Trump-appointed judge has seriously overreached.
The Harvard Law School professor notes that Biden’s program “was promulgated by the U.S. Department of Education pursuant to congressional legislation.”
“Judge Pittman held the program null and void and ordered it dismantled.” “In so doing, he became the first federal judge to conclude that he had jurisdiction to review the program’s validity at the behest of those its opponents had recruited to challenge it. And he went much farther than the U.S. Court of Appeals for the Eighth Circuit had gone when it issued an emergency order temporarily directing the Department to stop processing loan discharges while it reviewed a federal district court’s decision that it lacked jurisdiction to consider the program’s legality.”
“The district court had concluded that the plaintiffs, six Republican-led states, lacked ‘standing’ to pursue their challenge to the program because they could not show that they were genuinely harmed by it.
In contrast, Judge Pittman’s decree permanently ‘vacating’ the program in its entirety left the (Biden) Administration no choice but to stop taking loan forgiveness applications altogether on its official website while the Justice Department filed an immediate appeal to the U.S. Court of Appeals for the Fifth Circuit.”
____Pittman “clearly had no jurisdiction even to hear the merits of the plaintiffs’ claims, much less to dismantle the program.”____ “By doing so, he usurped the power of both Congress and the executive branch.”
“The central defining feature of the federal judicial power which flows from Article III of the Constitution is that the courts ____Congress establishes pursuant to that article may exercise only the power to resolve actual ‘Cases’ and ‘Controversies.’ ___
This ‘cases and controversies’ requirement, as explained by the Supreme Court from its inception, entails the fundamental limitation that the Article III ‘judicial power’ is available only to redress concrete injuries suffered by those who invoke it.”
Pittman’s ruling was inconsistent with what the U.S. Constitution says about “governmental power.”
“Judge Pittman stepped completely outside this judicial role as constrained by the Supreme Court’s standing doctrine.” “He thereby not only injured the many lower-income and middle-income borrowers who have justifiably relied on the (Biden) Administration’s program of debt relief, but also — and more importantly — further undermined the already frayed rule of law in the United States and contributed to the erosion of the indispensable role of the independent federal judiciary in preserving our constitutional republic.”
“To add insult to injury, Judge Pittman adorned his adventure in what conservatives used to decry as ‘legislating from the bench’ by righteously insisting that he was just ‘interpreting the law’ as a ‘mere machine’ — an image of bloodless passivity that makes Chief Justice John Roberts’ description of a judge’s role as merely that of an umpire, calling balls and strikes, appear downright activist.”
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| | | Temple Regular Member
Posts : 7317 Join date : 2014-07-29
| Subject: Constitutional Law Expert Rips Trump Judge’s Ruling Tue Nov 15, 2022 7:41 pm | |
| 11-15-2022
'Clearly no jurisdiction': Constitutional law expert rips Trump judge’s ruling on Biden’s student debt relief.
Two years have passed since former President Donald Trump was decisively voted out of office, yet his influence on the federal judiciary remains.
One of them was Judge Mark Pittman, a federal district judge in Texas. Pittman has ordered President Joe Biden’s program for forgiving student loan debt to be discontinued. And according to legal expert Laurence H. Tribe, the Trump-appointed judge has seriously overreached.
The Harvard Law School professor notes that Biden’s program “was promulgated by the U.S. Department of Education pursuant to congressional legislation.”
“Judge Pittman held the program null and void and ordered it dismantled.” “In so doing, he became the first federal judge to conclude that he had jurisdiction to review the program’s validity at the behest of those its opponents had recruited to challenge it. And he went much farther than the U.S. Court of Appeals for the Eighth Circuit had gone when it issued an emergency order temporarily directing the Department to stop processing loan discharges while it reviewed a federal district court’s decision that it lacked jurisdiction to consider the program’s legality.”
“The district court had concluded that the plaintiffs, six Republican-led states, lacked ‘standing’ to pursue their challenge to the program because they could not show that they were genuinely harmed by it.
In contrast, Judge Pittman’s decree permanently ‘vacating’ the program in its entirety left the (Biden) Administration no choice but to stop taking loan forgiveness applications altogether on its official website while the Justice Department filed an immediate appeal to the U.S. Court of Appeals for the Fifth Circuit.”
____Pittman “clearly had no jurisdiction even to hear the merits of the plaintiffs’ claims, much less to dismantle the program.”____ “By doing so, he usurped the power of both Congress and the executive branch.”
“The central defining feature of the federal judicial power which flows from Article III of the Constitution is that the courts ____Congress establishes pursuant to that article may exercise only the power to resolve actual ‘Cases’ and ‘Controversies.’ ___
This ‘cases and controversies’ requirement, as explained by the Supreme Court from its inception, entails the fundamental limitation that the Article III ‘judicial power’ is available only to redress concrete injuries suffered by those who invoke it.”
Pittman’s ruling was inconsistent with what the U.S. Constitution says about “governmental power.”
“Judge Pittman stepped completely outside this judicial role as constrained by the Supreme Court’s standing doctrine.” “He thereby not only injured the many lower-income and middle-income borrowers who have justifiably relied on the (Biden) Administration’s program of debt relief, but also — and more importantly — further undermined the already frayed rule of law in the United States and contributed to the erosion of the indispensable role of the independent federal judiciary in preserving our constitutional republic.”
“To add insult to injury, Judge Pittman adorned his adventure in what conservatives used to decry as ‘legislating from the bench’ by righteously insisting that he was just ‘interpreting the law’ as a ‘mere machine’ — an image of bloodless passivity that makes Chief Justice John Roberts’ description of a judge’s role as merely that of an umpire, calling balls and strikes, appear downright activist.” |
| | | oliver clotheshoffe Regular Member
Posts : 1724 Join date : 2019-02-04 Age : 65
| Subject: Re: Biden’s student debt relief. Tue Nov 15, 2022 7:43 pm | |
| DUMBASS STUDENTS GOT PLAYED BY A SENILE OLD MAN BWA HA HA HA HA HA HA HA HA |
| | | Grackle
Posts : 2495 Join date : 2017-09-09
| Subject: Re: Biden’s student debt relief. Tue Nov 15, 2022 7:56 pm | |
| There was already a thread on this topic.. Temple seems to think his posts are more significant than posts from others and thinks they warrant individual thread starters .. Then if Obi moves them to existing threads where they belong, Temple has a tissy if he can't find them and accuses Obi of deleting them...lol.. The antics of a buffoon |
| | | Grackle
Posts : 2495 Join date : 2017-09-09
| Subject: Re: Biden’s student debt relief. Tue Nov 15, 2022 8:37 pm | |
| .. Obi moved Temple's thread starter.. lol...He left his subject header intact so he should find his wanna-be thread starter ok |
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