Elizabeth Warren and many lawmakers in the House and Senate even moderates cite The Federal Claims Collection Act of 1966 and the Secretary's authority given by Congress in the 1960s as to why this is not a new appropriation. "Power of the purse" means spending. No spending is required to forgive student debt because the money was already spent.
The question to also ask is who would sue? Who *has standing* to sue to oppose it? And if you say student loan servicers, why haven't they sued in 2020 and 2021? Surely they know the powers the Education Department has to pause, forgive, compromise and settle debts. The federal government is also paying out their contracts, so what is the show of harm?
That would depend on the method right.
Elizabeth Warren and many lawmakers in the House and Senate even moderates cite The Federal Claims Collection Act of 1966 and the Secretary's authority given by Congress in the 1960s as to why this is not a new appropriation. "Power of the purse" means spending. No spending is required to forgive student debt because the money was already spent.
The question to also ask is who would sue? Who *has standing* to sue to oppose it? And if you say student loan servicers, why haven't they sued in 2020 and 2021? Surely they know the powers the Education Department has to pause, forgive, compromise and settle debts. The federal government is also paying out their contracts, so what is the show of harm?
Of course. And I am aware of her memo as well as the competing memo release by the DOE under the last administration.
The argument basically went that the president via the Secretary of Education has broad authority to forgive debt, but only on a case by case basis. The reason being that congress appropriated funds for student loans with the expectation that the DOE would faithfully attempt to recover though funds wherever its reasonable.
I'd assume anyone who is capable of paying their Debt whose debt has been settled would have standing.
That said, I don't think a potential legal challenge is any reason not to do so since the reality is we're in this position because congress hasn't chosen to act.
Blanket student debt relief as you're suggesting has never been taken up. The lack of challenges isn't a good barometer since most of the people seeking and receiving student debt relief at this point have all had it done for very specific circumstances. I don't think a jubilee is a circumstance, but I hope y'all get it.
I do wonder folks thoughts on what happens if it isn't successful? Will folks be like, well at least he tried?