Biden wrong on Student debt foregiveness

If you think that the below language, extracted from the 2003 heroes act to show the relevant parts in question, was meant to allow the Secretary of Education to do whatever they want to whomever they want when there is a national emergency, then you should support the Biden Administration position. 

Note, this means the Secretary of Education could even decide to give away trillions of dollars to any group they want. 

However, if you think the below language limits the Secretary of Education from giving $500 billion to a group where many individuals have good jobs (up to $125,000/y for individual and $250,000 for a couple) and where individuals may not have suffered any direct financial losses directly caused by a national emergency, then you should not support the Biden Administration’s position. 

Given: 

1. the original Heroes Act was written in 2003 to cover individuals involved and affected by their participation in the War on Terror and/or the WTC and Pentagon attacks;

2. many individuals worked hard and paid off their loans;

3. many individuals worked hard, saved money and did not take loans;

4. many individuals avoided taking loans by sacrificing the opportunity to go to college; 

5. many individuals have loans from non-federal sources; and,

6. the Biden Administration’s proposal is giving a very substantive amount to a group where many do not even fall within the Heroes Act; 

I think:

1. opposition to the Biden position has clear standing under the Major Questions doctrine;

2. the Biden position falls outside of the intent of the Heroes Act; and,

3. the Biden position is arbitrary and capricious; and, therefore think the Court should reject it. 

HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS ACT OF 2003 - 8/8/2003

 

The Congress finds the following:

            (1) There is no more important cause than that of our nation's defense.

            (2) The United States will protect the freedom and secure the safety of its citizens.

            (3) The United States military is the finest in the world and its personnel are determined to lead the world in pursuit of peace.

            (4) Hundreds of thousands of Army, Air Force, Marine Corps, Navy, and Coast Guard reservists and members of the National Guard have been called to active duty or active service.

            (5) The men and women of the United States military put their lives on hold, leave their families, jobs, and postsecondary education in order to serve their country and do so with distinction.

            (6) There is no more important cause for this Congress than to support the members of the United States military and provide assistance with their transition into and out of active duty and active service.

 

Secretary of Education 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 national emergency to provide the waivers or modifications authorized by paragraph (2)

 

Affected individual means an individual who: resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or suffered direct economic hardship as a direct result a national emergency, as determined by the Secretary.