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Vienna_Hokie Vienna_Hokie OP
Aug 26, 2022 at 02:20 PM ET
Unlikely a court will ever decide legality of $10k giveaway
Read an article that pretty much said the issue is standing. Courts have already ruled that taxpayers do not have standing to claim they are damaged by government spending. Existing students could never prove direct causality to rising tuition next year. Thus there is no party that can show specific damages to bring an action to challenge it. I guess this is what we get for decades of voting for people who give us "free" stuff.

21 Replies

PhotoHokieNC PhotoHokieNC
As if only taxpayers can deal with this.
bigbadbird bigbadbird
authority is the issue- not damage
authority to forgive the liability - ** Edited by bigbadbird at 8/26/2022, 3:13:35 PM
ColoVT82 ColoVT82
Who has standing to bring a legal challenge?
vt90 vt90
A bunch of state Attorney Generals are planning a challenge ...
and I believe it is on the fact that he doesn't have the authority to do this.
ColoVT82 ColoVT82
As I understand things, to bring a case you need particularized injury and
The anti injunction act prevents bringing a case regarding a fed government action until the injury occurs. That is you can't sue for something that happens next year. Things like increasing the deficit or inflation, etc. Etc are not particularized injury. Popcorn bag in hand
vt90 vt90
Not a lawyer so I don't know ...
but I read a couple of stories this week that there will be legal challenges so I guess we will wait and see.
ColoVT82 ColoVT82
Besides. What's another $3-500B? Not Like we talking trillions lol
vthhhi vthhhi
This is America...you can sue for anything!
typed by ben typed by ben
reactionaries will be able to do whatever they want in court for 50 years
just bring it up to the right judge and you will get the outcome you want Kind of silly though since trade schools cost money too ** Edited by typed by ben at 8/26/2022, 2:53:52 PM
V
VTUD
It could
end up in the Supreme Court since some feel that is does not fall under the 2003 Heros Act that was used to initiate the move. It was intended to be used in the case of national emergencies. With the unemployment rate very low and jobs readily available,the $10,000 loan cancellation looks more like a political move 8 weeks before national elections than a move to deal with a national emergency.
PhotoHokieNC PhotoHokieNC
"looks more like a" LOL, really?
TomTurkey TomTurkey
B: "C'mon, man! I tried!!"
Worth your vote, right! (RE: Ralphie smile after asking for the gun)
T
TabbHokie
I think it ends up at the Supreme Court
And they overrule and tell Congress to pass legislation if they want to fix it.
V
VTUD
Possible
F
fordham
Yea Joe is on shaky ground with this
vt90 vt90
I think it will definitely go to court ...
POTUS has no authority to do this. Congress holds the purse strings and the 'statute' that they used as their justification will absolutely collapse in court. You can't argue in May for overturning Title 42 by saying 'COVID is no longer an issue' and then say you are forgiving $5 billion in debt because of COVID (despite what they say is a booming economy). Add into that the fact that the CDC relaxed all COVID restrictions before this announcement was made. Some even on that side of the aisle are saying it was done knowing it won't hold up in court but that they wanted to basically say 'well, we tried' to that fraction of their base. And, of course, there is this that is still on video ... “People think that the President of the United States has the power for debt forgiveness. He does not. He can postpone. He can delay. But he does not have that power. That has to be an act of Congress,” Pelosi said July 28 at a press conference.
RoswellGAHokie RoswellGAHokie
Agreed. A Senator or Representative should have standing given the
allegation is that the Executive branch usurped a function of the Legislative branch. And the Supreme Court is extremely interested in separation of powers cases. They will ultimately decide the legality of the executive order.
Vienna_Hokie Vienna_Hokie OP
I hope so, but the analysis I read said that's not possible
don't know if the guy knows what he's talking about or not, but we shall see.
RoswellGAHokie RoswellGAHokie
If you take the article’s argument to the extreme, a President would have
unchecked ability to spend via executive order because it would be unreviewable by a court of law.
F
fordham
Great dictator set up!
vt90 vt90
Correct. It is illegal and unconstitutional because ...
the executive branch cannot spend money (especially half a trillion dollars) without an act of Congress. The fact that it is also patently unfair is unrelated to the court proceedings. :) Oh, and the reason Congress isn't involved is because many of them don't want to be put on the record with a vote on this issue.