June 30, 2023

The student loan case is out: "The court agrees with the states that the HEROES Act does not authorize the debt forgiveness plan."

I'm quoting SCOTUSblog.

Here's the opinion: Biden v. Nebraska.

Another 6-3 conservative liberal split. The Chief Justice writes the main opinion, there's a Barrett concurrence, and Justice Kagan dissents, joined by Sotomayor and Jackson.

Excerpt from the majority opinion:

Among Congress’s most important authorities is its control of the purse. U. S. Const., Art. I, §9, cl. 7; see also Office of Personnel Management v. Richmond, 496 U. S. 414, 427 (1990) (the Appropriations Clause is “a most useful and salutary check upon profusion and extravagance”...). It would be odd to think that separation of powers concerns evaporate simply because the Government is providing monetary benefits rather than imposing obligations. As we observed in West Virginia, experience shows that major questions cases “have arisen from all corners of the administrative state,” and administrative action resulting in the conferral of benefits is no exception to that rule. 597 U. S., at ___ (slip op., at 17). In King v. Burwell, 576 U. S. 473 (2015), we declined to defer to the Internal Revenue Service’s interpretation of a healthcare statute, explaining that the provision at issue affected “billions of dollars of spend- ing each year and . . . the price of health insurance for millions of people.” Id., at 485. Because the interpretation of the provision was “a question of deep ‘economic and political significance’ that is central to [the] statutory scheme,” we said, we would not assume that Congress entrusted that task to an agency without a clear statement to that effect. Ibid. (quoting Utility Air, 573 U. S., at 324). That the statute at issue involved government benefits made no difference in King, and it makes no difference here.

All this leads us to conclude that “[t]he basic and consequential tradeoffs” inherent in a mass debt cancellation program “are ones that Congress would likely have intended for itself.” West Virginia, 597 U. S., at ___ (slip op., at 26). In such circumstances, we have required the Secretary to “point to ‘clear congressional authorization’” to justify the challenged program. Id., at ___, ___ (slip op., at 19, 28) (quoting Utility Air, 573 U. S., at 324). And as we have already shown, the HEROES Act provides no authorization for the Secretary’s plan even when examined using the ordinary tools of statutory interpretation—let alone “clear congressional authorization” for such a program.

Justice Kagan's dissent, arguing for a narrow view of standing, quotes Chief Justice Roberts's dissenting opinion in the 2007 case, Massachusetts v. EPA, in which the majority went quite far in giving the states standing to sue:

The author of today’s opinion once wrote that a 1970s-era standing decision “became emblematic” of “how utterly manipulable” this Court’s standing law is “if not taken seri- ously as a matter of judicial self-restraint.” Massachusetts, 549 U. S., at 548 (ROBERTS, C. J., dissenting). After today, no one will have to go back 50 years for the classic case of the Court manipulating standing doctrine, rather than obeying the edict to stay in its lane. The majority and I differ, as I’ll soon address, on whether the Executive Branch exceeded its authority in issuing the loan cancellation plan. But assuming the Executive Branch did so, that does not license this Court to exceed its own role. Courts must still “function as courts,” this one no less than others. Ibid. And in our system, that means refusing to decide cases that are not really cases because the plaintiffs have not suffered concrete injuries....

(The 1970s-era standing decision in question is United States v. SCRAP.) 

62 comments:

gilbar said...

woo hoo!!
baby steps! $430 billion here, $430 billion there; pretty soon, you're talking real money!

Dave Begley said...

Nebraska wins! Taxpayers win!

Nebraska needed a win. Taxpayers needed a win.

Aggie said...

What kind of boots are under those robes, anyway? A major course correction seems to be in progress.

Unknown said...

Boy the Court is sure on a roll today...

AMDG said...

One question I have had on this with regard to standing is why wouldn’t every taxpayer have standing in this case? The misuse of funds by the executive branch impacts every taxpayer.

RideSpaceMountain said...

Thanks SCOTUS. Now do presidential war powers. Thanks!

AMDG said...

One question I have had on this with regard to standing is why wouldn’t every taxpayer have standing in this case? The misuse of funds by the executive branch impacts every taxpayer.

gilbar said...

Why was it?
That people who couldn't afford (and didn't GO to) college were supposed to pay the bills of the rich elite that COULD?
I never Quite got that.
Oh, that's Right! the rich elite vote democrat, so their path should be smoothed

wendybar said...

GOOD!! If ANYBODY deserves a loan forgiveness plan, it is people who lost their jobs for not taking the vaccine, who have MORTGAGES....You know...TAX PAYERS!!!

cubanbob said...

Since Congress has to legislate spending only it can eliminate the debt. A debt is a form of property, not a gift. If the president can waive a debt he can also impound spending but as the court has ruled the president can't impound spending Congress has authorized and he can't forgive what Congress did not allow him to forgive. That something this obvious had to go all the way to the Supreme Court once again demonstrates just how far the presidency has strayed for his constitutional authority.

Quaestor said...

The lickspittle Justice Jackson has no opinion other than Massa Joseph's. At least there's no call for the whip and no stripes on her back. However, the hounds have been let loose on the recalcitrant fugitive. How dare he abscond with himself?!

gspencer said...

The same three skunks at the picnic. Their oaths of office, Article VI, means shiitte.

Sebastian said...

SCOTUS goes three-for-three. A good day for once.

It stems the prog tide. May the sensible six live long and healthy lives, free from prog intimidation and assassination attempts.

JAORE said...

"...the Government is providing monetary benefits rather than imposing obligations."

But though no attorney I, it seems the POTUS wants obligations (ballooning debt) on ALL of us.

Just because it is a "good" thing for many people does NOT make it a Federal issue. (Many people being those whose votes are for sale.)

Gusty Winds said...

I feel bad for these young people driven into massive debt from college tuition and on campus cost of living.

It's a sad situation, but this is a good decision. We all pay debts. Cars, mortgages, medical bills...

If student debt is forgiven, the colleges and universities can just keep running the scam and driving up costs. Kids would be back to a trillion dollars in debt in no time, and we'd be arguing about this down the road.

Perhaps all these PhDs, who consider themselves "best and the brightest" can figure out how to control costs like ever other business has to do for their customers. But Universities don't consider students and tax payers as customers. That's just arrogance. Same thing in the medical industry. Patients aren't considered customers.

MadisonMan said...

I'm thinking r/MadisonWI will be all over this ruling.

Mason G said...

"Another 6-3 conservative liberal split."

Another 6-3 conservative progressive split.

Mike (MJB Wolf) said...

Good discussion here yesterday. Today's good news reinforces the impression left by the Harvard/UNC decisions: clarity and adherence to the Constitution are the hallmarks of this term. Nowhere is the Left-Right difference illustrated so well as in the writing from the Justices. Thomas is thoughtful and precise and logical with an opinion that will age beautifully over the life of our Republic while Jackson wrote an emotional screed fit for Facebook that will be laughed at by scholars once the current anger has passed.

I'm also struck by the fact that not one elected Democrat had the good manners to complement the Asian students for their win or even mention Asian students at all! Not one democrat cares they were discriminated against. Not one Democrat cares that discrimination for one student necessarily means another will be dsicriminated against. They just don't fucking care.

Temujin said...

Honestly. I cannot believe this thing got this far. It was wrong on it's inception.

Maynard said...

Gee.

I was hoping that Uncle Joe would forgive $10K of my mortgage debt before the next election.

My wife and I have paid off our student debt, but what about people with mortgages, car loans and credit card debts. Are they not worthy of debt forgiveness by executive mandate?

Greg the Class Traitor said...

Justice Kagan's dissent, arguing for a narrow view of standing, quotes Chief Justice Roberts's dissenting opinion in the 2007 case, Massachusetts v. EPA, in which the majority went quite far in giving the states standing to sue:

Sorry Kagan, but you set the precedent. you , personally, voted for that precedent. You won

To now try to go the other way just shows what a morally wretched pile of garbage you are, Kagan

gilbar said...

According to NBC news, this ruling is fundamentally changing the Constitution; by declaring that "Major Changes" should be made by the legislature instead of "regulators". NBC says that THIS SHOWS, that the Supreme Court is OUT OF CONTROL, and REWRITING our constitution
https://www.nbcnews.com/politics/supreme-court/live-blog/supreme-court-decisions-student-loan-lgbtq-live-updates-rcna91936

Left Bank of the Charles said...

It’s Biden v. Nebraska but that seems unfair to Missouri, the one state found to have standing.

Oh Yea said...

For anyone having problems paying your student debt, you can get loan forgiveness by joining the military or civil service.

Yancey Ward said...

LOL, the Left hoisted on its petard once again on the standing issue- Kagan, of course, fails to mention in that cited portion that Roberts dissented in a case whose opinion was authored by John Paul Stevens and joined in that majority by Kennedy, Ginsburg, Breyer, and Souter.

Seriously, though- if a damned state doesn't have standing to sue the executive branch who the fuck does?

MikeD said...

What I love most is the unquestioned stupidity in Sotomayor's and Jackson's dissents. If there was ever iron clad evidence AA doesn't work, these two fit it.

GRW3 said...

I think people with student loan debts too heavy to pay with education received should be able to file for bankruptcy. The legislation should allow the lender to claw back money from the colleges for defective products.

guitar joe said...

"The lickspittle Justice Jackson has no opinion other than Massa Joseph's." Since Kagan wrote the opinion, why go after Jackson, except for the fact that it gives you the chance to throw in the reference to "Massa."

The decision seems correct to me, and I expected it. A significant portion of Biden's base didn't support it, and I wonder if even he expected it to fly.

Kay said...

Looks like Biden got exactly what he wanted in the end.

wendybar said...


$8 Bartemy
@BartemyS


What the Supreme Court just did in these decisions in the last two years is uphold the right to:

Life - Struck down Roe v Wade

Liberty - Struck down coercive speech in web designer religious liberty case

Pursuit of Happiness - Struck down racist Affirmative Action.
11:54 AM · Jun 30, 2023

Goetz von Berlichingen said...

KJB's racist screed yesterday and the drivel from today's release is disturbing. She's clearly an activist judge with a grudge and self-loathing syndrome. If she doesn't know what a woman is and is against racial equality in the law, she doesn't deserve to be on the court. Most blatantly political appointment in my lifetime.

This is a great step towards racial healing. Self-confidence is a gift and a tool to build yourself a better life

Now every black "achievement" won't need to be accompanied by an asterisk.

Goetz

wendybar said...

SCOTUS quoted Nancy Pelosi in their student loan decision

https://twitter.com/IsabelleAliciaa/status/1674798857979559936?s=20

Quaestor said...

"What kind of boots are under those robes, anyway?"

The pointy-toes Tony Lama ass-kicking kind. Just watch the Resident rub his bruised rear end. Cheer up, Joe. Forty mil buys a lot of unguents.

Ex-PFC Wintergreen said...

The AA case (Roberts’ opinion is masterful, but Thomas’s concurrence is brilliance worthy of Thomas Jefferson), the website designer case, student loan forgiveness…I stand by my prior thoughts that the NC election law case was Roberts’ fig leaf prior to the continuing methodical dismantling of odious discriminatory precedents. We are all more free today than we were just a couple of days ago.

Sebastian said...

"Another 6-3 conservative liberal split."

Actually, another 6-3 liberal-progressive split.

To sum up informally, the Court held that states and state-supported institutions cannot treat races unequally; that the government cannot spend money without legislative authorization; and that government cannot force people to say things they do not want to say. Equality, legislative control, free expression: vindicates liberal principles, no?

tommyesq said...

That people who couldn't afford (and didn't GO to) college were supposed to pay the bills of the rich elite that COULD?

According to the Harvard Gazette, more than half of all admitted students get financial assistance. Of that group, the average cost to the family is $12k (as of 2018-2019), meaning that someone else is paying the remaining $55,580 for that family. 70% of supported students pay no tuition, and 1 in 5 pay absolutely nothing. So assuming that the number receiving aid is 50%, the average cost to the family is $39,790 (in reality it would be lower, as the number receiving aid is more than 50%, but for illustrative purposes this will do).

What this means is that families paying the full tuition are paying When you pay full freight, you are effectively paying your $39,790 plus another $27,790 of another kid's expenses - 70% of an additional actual tuition. And then the full payers - all of whom likely pay income taxes at a considerably higher rate than those receiving assistance - were expected to cover this loan forgiveness (which at Harvard would amount to 21% of the total amount those families actually paid).

Aggie said...

Listening to NPR on the way home from shopping was more delicious than all those tasty groceries I had in the truck, even better than those delicious, perfectly ripe Costco peaches.

Lem the artificially intelligent said...

To force the court to rule against them, so they can use it politically.

#Stuff that is not supposed to work and does, or, #Ridicule died, and nobody told us.

Mark said...

At some point, the Court is going to need to revisit its jurisprudence on standing.

It cannot be that the government can violate any number of laws just so long as no one has the technical standing to file suit to challenge it even though the lawlessness affects everyone. But the Biden Administration (and others) are pushing a strategy of exactly that.

Tom T. said...

if a damned state doesn't have standing to sue the executive branch who the fuck does?

I think the issue was whether this particular Missouri student-loan processor was a part of the state government or an independent agency/corporation.

walter said...

wendybar said...
GOOD!! If ANYBODY deserves a loan forgiveness plan, it is people who lost their jobs for not taking the vaccine...
--
Business owners who lost everything due to lockdowns.

Team Juice is working to ready Joementia for a 3:30 announcement.

mccullough said...

We don’t expect anything from Roberts, Kagan, and KJB.

They all went to Harvard.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

If you cannot take on the debt with an expectation that you must pay it back - don't take on the debt.

Václav Patrik Šulik said...

Massachusetts v. EPA was clearly an outlier when it was decided. Even in United States v. Texas, with Kagan, Sotomayor, and Jackson in the majority, the Court ignored that precedent and denied that Texas and Louisiana had standing to sue. If the far-left trio really believed in "special solicitude" they should have allowed those states to challenge the Biden lawlessness.

In fact, it's only standing for Kagan when she wants it to be.

Tomcc said...

While I view this as very good news (even though my daughter would have benefitted), I presume this administration will find another, equally illegal method to achieve the goal.

Mason G said...

"NBC says that THIS SHOWS, that the Supreme Court is OUT OF CONTROL, and REWRITING our constitution"

I thought progressives supported a "Living Constitution"? Did I not get the memo, or is that not a thing anymore?

iowan2 said...

Mumbles Biden on TV now whinning....


He is comparing the loan forgivness with spending approved by congress and signed by the President.

Now he is going to do the same thing, and call is something else. He's got a whole program, shovel ready, debt forgiveness.

Sickening.

Jim at said...

How this wasn't a 9-0 decision boggles my mind. It's basic stuff.

stlcdr said...

"...And in our system, that means refusing to decide cases that are not really cases because the plaintiffs have not suffered concrete injuries...."

And which plaintiffs are they? Are they saying the State has suffered no damages?

Must one suffer damages before a case can be filed? I think not. Who does the state represent, here, but the people themselves. aka. tax payers.

I used to have sympathy for these students with huge debt, but that sympathy has all but gone, and just see them as ignorant freeloaders.

Václav Patrik Šulik said...

Aside from the standing issue, I recall a sharp young judge ruling once,

[[Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings. See The Federalist No. 51 (James Madison); The Federalist No. 69 (Alexander Hamilton); 1 Alexis de Tocqueville, Democracy in America 115–18 (Harvey C. Mansfield & Delba Winthrop eds. & trans., Univ. of Chicago Press 2000) (1835).]]

Judge Ketanji Brown Jackson Comm. on Judiciary v. McGahn, 415 F. Supp. 3d 148, 213 (D.D.C. 2019) (Emphasis added)

I wonder whatever happened to her?

Michael said...

Biden despicably then brings up the completely inapt case of PPP loan forgiveness. PPP was passed by Congress and provisions for forgiveness were built into the program. The government forced the closure of businesses and PPP was designed to keep employees. It worked as planned. Forgiveness of debt by fiat is clearly different. Here borrowers entered into binding contracts to repay borrowed funds with interest. Like all agreements between borrowers and lenders. Meanwhile a lot of us had to pass on vacations and new cars and home additions and a hell of a lot of other things to pay tuition and leave our kids debt free. Fuck these deadbeats. And on the other hot topic when, if ever, will blacks be embarrassed by AA?

MartyH said...

In addition to the Supreme Court’s ruling, both houses of Congress passed bills opposing this forgiveness program. The Supreme Court’s ruling aligns with the will of the people, as expressed by our representatives.

Christopher B said...

AMDG said...
One question I have had on this with regard to standing is why wouldn’t every taxpayer have standing in this case? The misuse of funds by the executive branch impacts every taxpayer.


I am not a lawyer, certainly not a constitutional one, but based on a discussion from PowerLine's 3WHH crew (Steve Hayward, John Yoo, and 'Lucretia'), I think the Courts have generally shied away from giving random taxpayers standing to challenge government financial decisions due to the lack of a particular harm to a given individual claiming simply 'money is being misspent' as well as a general lack of a particular remedy that can be ordered, i.e. stopping the spending may give you psychic benefits but as a practical matter the Court can't order anybody to give you a refund. Both of those are necessary elements of standing.

Quaestor said...

guitar joe writes, "A significant portion of Biden's base didn't support it, and I wonder if even he expected it to fly."

Then why wasn't the decision unanimous? The three dissenters were either ignorant of the separation of powers and the consequences thereof, which calls into question their competence, or they dissented based on their personal politics, in which case they were acting dishonestly.

Paul said...

I know of several of my friends that PAID THEIR COLLEGE LOANS... paid them off while working their butts off...

Get a job you lazy college bums and pay your debts like everyone else.

Robert Cook said...

"Why was it? That people who couldn't afford (and didn't GO to) college were supposed to pay the bills of the rich elite that COULD?"

No. The many students mired in student loan debt were not rich or elite, and they "couldn't afford" to go to college on their own (or their parents') dime, hence their necessary reliance on student loans to attend college. The actual rich elites always get their debts forgiven or written down, one way or another.

Robert Cook said...

"GOOD!! If ANYBODY deserves a loan forgiveness plan, it is...TAX PAYERS!!!"

What makes you assert students who took on loan debt to attend college are not tax payers?

Robert Cook said...

"I think people with student loan debts too heavy to pay with education received should be able to file for bankruptcy."

Absolutely.

John henry said...

I think most people have come to realize that student loans are a Grift of epic proportions. By schools against students and parents.

It needs to be ended. Tomorrow would not be too soon.

Not sure what to do about all the suckers and their worthless degrees. It's not really their fault they trusted the govt. Otoh, why should someone else be responsible?

One thing I never see mentioned is how many employers will pay employee tuition. About 50% of all US employers will pay all of most tuition. Even low end jobs. I was in a McDonald's in limerick PA last year and they were suckers annoy $12/hr plus tuition.

My daughter, BSChE got her Ms paid by her company. A nephew, at age 45, long employed as an industrial mechanic, just completed an engineering degree paid by the company.

I got a whole string of degrees paid by my employer (us navy) though my last degree I paid out of pocket. Full sticker price, cash money.

Seems to me like getting an entry level job somewhere relevant. Get experience, education and no debt.

And before someone says "do you know how hard it is to work and study at the same time?" I damn well do. I've been working 50-60 hours a week or more since 1967 when I went in the navy. Including @8 years in school. Still do, though not every week now.

John LGB Henry

Doug said...

Gosh, I hope I live to be 100. Think of all the years of enjoyment we'll have watching Sotomayor and Shaniqua out-stupid each other.

Mason G said...

So all these people took out student loans in order to get a college degree because that's the ticket to a good paying job, but they can't pay the loans back because...? And they want people who didn't take out those loans to pay for them instead?

Is that about right?

Greg the Class Traitor said...

Tomcc said...
While I view this as very good news (even though my daughter would have benefitted), I presume this administration will find another, equally illegal method to achieve the goal.

And the 8th or teh 5th Circuit will issue another nationwide injunction, and SCOTUS will slap it down