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The Biden Administration’s student debt forgiveness plan could be challenged in court. Loyola University Law Professor Dane Ciolino said the White House’s rationale for canceling student debt is based on the 2003 Heroes Act passed by congress that granted loan forgiveness if an individual experiences a natural disaster or is off fighting a war.
“To say that we are in a national emergency because of COVID and for that reason, the whole country has been affected by COVID and everybody’s student loans are subject to cancellation,” said Ciolino.
Ciolino said among the arguments against the cancellation of debt is an abuse of executive power. He said Congress is the branch of government that appropriates funds, passes a law, and then presents the legislation for the executive branch to sign into law.
“And that didn’t happen here. Remember the Biden Administration and other progressives have tried to get this similar mass of debt reduction or debt cancellation plan through congress, and they haven’t been successful,” said Ciolino.
Ciolino said Republicans view the Biden Administration’s ability to circumvent congress to cancel student debt as an abuse of executive and emergency powers and is also a violation of the nondelegation doctrine under the constitution.
“Congress can’t just cede its power of the purse over to the executive branch. Congress has a responsibility to take responsibility for spending the taxpayers’ dollars,” said Ciolino.
Ciolino said abuse of executive privilege also happened under former President Trump when he diverted military funds to pay for the construction of a wall along the Mexican border. He expects that Republicans will file suit against the student loan forgiveness very soon if they haven’t already.
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