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Youth Decay
Aug 18, 2015

TheScott2K posted:

If they have something to announce on a Friday you're not gonna like it.

SCOTUS declined to block it for another lawsuit at least https://www.cnbc.com/2022/11/04/supreme-court-again-declines-to-block-bidens-student-loan-relief-plan.html

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Thom12255
Feb 23, 2013
WHERE THE FUCK IS MY MONEY
They're not going to do anything with the case til after the election.

Bar Ran Dun
Jan 22, 2006




Thom12255 posted:

They're not going to do anything with the case til after the election.

Which will affect the election (but we couldn’t possibly affect the election by ruling)

B B
Dec 1, 2005

https://mobile.twitter.com/mstratford/status/1590856666039607296?s=46&t=2VzIACBvV9Hx-0HJGxkxAg

Framboise
Sep 21, 2014

To make yourself feel better, you make it so you'll never give in to your forevers and live for always.


Lipstick Apathy

It's illegal to have loans forgiven if you're not already rich, I guess.

Won't be surprised if Indiana is next.

Travic
May 27, 2007

Getting nowhere fast
So that's it then? Will appealing it accomplish anything?

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Travic posted:

So that's it then? Will appealing it accomplish anything?

This one is worse because the fifth circuit is terrible.

Murgos
Oct 21, 2010
For summary judgement to be awarded that is supposed to mean that the case was so clear and compelling that it’s not reasonable to continue to hear more.

It seems unlikely to me that the WH legal staff made such a huge error in advising Biden to go forward.

Edit: here is the judge ruling on the plaintiffs standing:

quote:

Defendants dispute Plaintiffs’ alleged injuries for two reasons. First, they argue that Plaintiffs could not have suffered a procedural deprivation based on the lack of a notice-and-comment period because the HEROES Act expressly exempts the APA’s notice-and-comment requirement. ECF No. 24 at 8–9. Plaintiffs dispute this and argue that because the HEROES Act does not authorize the Program, the Program was promulgated in violation of the APA’s notice-and-comment requirement. ECF No. 26 at 6–7. Because the Court must “assume, for purposes of the standing analysis, that [Plaintiffs are] correct on the merits of [their] claim that the [Program] was promulgated in violation of the APA,” Plaintiffs have successfully alleged the deprivation of a procedural right. EEOC, 933 F.3d at 447.

Like, what the hell kind of slight of hand is this? “I have to assume this fact statement is true” even though the defendant provided a fact statement that contradicts that assertion? What?

Murgos fucked around with this message at 02:42 on Nov 11, 2022

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Murgos posted:

For summary judgement to be awarded that is supposed to mean that the case was so clear and compelling that it’s not reasonable to continue to hear more.

It seems unlikely to me that the WH legal staff made such a huge error in advising Biden to go forward.

Well, yes, but not really here. If the entire case hinges on a matter of law, then Summary Judgement is usually appropriate. Trials are for deciding disputed facts.

Aye Doc
Jul 19, 2007



e: nm

Murgos
Oct 21, 2010

Ogmius815 posted:

Well, yes, but not really here. If the entire case hinges on a matter of law, then Summary Judgement is usually appropriate. Trials are for deciding disputed facts.

See my edit above, there are definitely disputed facts.

Edit: the judge hangs his entire opinion on that he thinks Covid is over and so the HEROS act doesn’t apply. He made this analysis on his own.

Murgos fucked around with this message at 02:51 on Nov 11, 2022

SchrodingersCat
Aug 23, 2011
The Republicans kept suing until they found another Aileen Cannon who will completely disregard actual law in favor of politics.

It was always going to end up in the Supreme Court.

Happy Noodle Boy
Jul 3, 2002


Of all the poo poo happening today, I somehow missed the news. What a loving poo poo show.

Make the PPP loans illegal too then, fucker.

Craig K
Nov 10, 2016

puck

Happy Noodle Boy posted:

Of all the poo poo happening today, I somehow missed the news. What a loving poo poo show.

Make the PPP loans illegal too then, fucker.

yeah, about that

https://twitter.com/kenklippenstein/status/1590488339911938048

Eason the Fifth
Apr 9, 2020
So...how does this play out now? Can they rush it to the Supreme Court before Dec 31? I guess if not it'd make good political sense for Biden to extend the deadline again?

Happy Noodle Boy
Jul 3, 2002


Good timing too as my consolidation was finally approved today :shepicide:

SchrodingersCat
Aug 23, 2011

Eason the Fifth posted:

So...how does this play out now? Can they rush it to the Supreme Court before Dec 31? I guess if not it'd make good political sense for Biden to extend the deadline again?

If I was Biden I would do everything I could to gently caress up the loan system now.

Endless executive orders, permanent payment freezes, drop loan interest to 0, change income based repayment to .01% of discretionary income. Those are all within the purview of the DoE.

B B
Dec 1, 2005

SchrodingersCat posted:

If I was Biden I would do everything I could to gently caress up the loan system now.

Endless executive orders, permanent payment freezes, drop loan interest to 0, change income based repayment to .01% of discretionary income. Those are all within the purview of the DoE.

Unfortunately, we are left to deal with the Joe Biden of reality rather than the Joe Biden of liberal fever dreams.

Murgos
Oct 21, 2010

Eason the Fifth posted:

So...how does this play out now? Can they rush it to the Supreme Court before Dec 31? I guess if not it'd make good political sense for Biden to extend the deadline again?

Well, that specific ruling can be appealed. Or, Biden could reissue the order but after providing the debate period and along with a statement on how Covid is still causing hardships and is still a national emergency to overcome this specific judges findings.

Main Paineframe
Oct 27, 2010

Travic posted:

So that's it then? Will appealing it accomplish anything?

Appealing it will absolutely accomplish something. Biden's student debt forgiveness has already come to the Supreme Court twice, and both times they let it stand. They don't seem inclined to overturn it, so appealing it to them has a fair chance of being successful.

And a summary judgement like this is obvious bullshit, even putting aside the ridiculous gymnastics this judge had to do to establish some sort of standing for the plaintiffs.

Obviously, nothing's guaranteed, but so far the current Court doesn't seem to be against the student debt forgiveness.

TheScott2K
Oct 26, 2003

I'm just saying, there's a nonzero chance Trump has a really toad penis.
Very fun how nobody even bothers pointing out that the Democrats have the ability to legislate until January and could just...pass a bill that does this.

Travic
May 27, 2007

Getting nowhere fast

Main Paineframe posted:

Appealing it will absolutely accomplish something. Biden's student debt forgiveness has already come to the Supreme Court twice, and both times they let it stand. They don't seem inclined to overturn it, so appealing it to them has a fair chance of being successful.

And a summary judgement like this is obvious bullshit, even putting aside the ridiculous gymnastics this judge had to do to establish some sort of standing for the plaintiffs.

Obviously, nothing's guaranteed, but so far the current Court doesn't seem to be against the student debt forgiveness.

Has the Supreme Court been ok with the forgiveness or have they just said, "Not going to get involved."? Honest question because I don't know.

Dr. VooDoo
May 4, 2006


Travic posted:

Has the Supreme Court been ok with the forgiveness or have they just said, "Not going to get involved."? Honest question because I don't know.

The Supreme Court has slapped it down from other courts because the standing trying to be used is that the people suing are being harmed because they don’t like their tax dollars being used on something they don’t like. Ruling this is a valid standing for harm inflicted means it gives precedent anyone can sue over taxes being used for anything and basically invalidates the entire government on all levels because anyone can claim they were harmed because taxes they paid were used towards thing and they do not like thing

Main Paineframe
Oct 27, 2010

Travic posted:

Has the Supreme Court been ok with the forgiveness or have they just said, "Not going to get involved."? Honest question because I don't know.

They've turned down the cases that have come to them - which lets the lower court's ruling stand. In both of the cases that have come to them to them so far, the challenge to debt forgiveness had been rejected by the lower courts, and so by turning the case down, the Supreme Court was allowing those rejections to stand. It only takes four justices to decide to hear the case, so that shows that even the conservative wing of the Court isn't particularly against the loan forgiveness.

They wouldn't be able to do the same thing to let this ruling stand, because if the Eighth Circuit says student debt forgiveness is legal and the Fifth Circuit says it's illegal, then that's a circuit split and the Supreme Court pretty much has to get involved.

SchrodingersCat
Aug 23, 2011

TheScott2K posted:

Very fun how nobody even bothers pointing out that the Democrats have the ability to legislate until January and could just...pass a bill that does this.

Yeah, I was wondering why they couldn't pass it with budget reconciliation.

TheScott2K
Oct 26, 2003

I'm just saying, there's a nonzero chance Trump has a really toad penis.

SchrodingersCat posted:

Yeah, I was wondering why they couldn't pass it with budget reconciliation.

President Manchin probably vetoes the gently caress out of monetary relief, at the very least, but I don't know what his argument against repayment reform to stop interest from stretching IBR payments to infinity would be.

Main Paineframe
Oct 27, 2010

SchrodingersCat posted:

Yeah, I was wondering why they couldn't pass it with budget reconciliation.

I don't think it'd qualify for reconciliation unless it was paired with taxes or cuts somewhere else to make it deficit-neutral in the long run.

In any case, Manchin's already gone on record calling the forgiveness plan "excessive" and insisting that debt forgiveness has to be "earned" through programs like PSLF.

SchrodingersCat
Aug 23, 2011

Main Paineframe posted:

I don't think it'd qualify for reconciliation unless it was paired with taxes or cuts somewhere else to make it deficit-neutral in the long run.

In any case, Manchin's already gone on record calling the forgiveness plan "excessive" and insisting that debt forgiveness has to be "earned" through programs like PSLF.

PSLF is a fun little scam, work in the public sector and make 70% of what equivalent private sector workers make while still paying 300/month on your loans for 10 years...and maybe we'll forgive the debt if a Democrat president is in the WH. Hope nothing in your life ever goes wrong or that loan never goes away.

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

TheScott2K posted:

Very fun how nobody even bothers pointing out that the Democrats have the ability to legislate until January and could just...pass a bill that does this.

Because they can't.

If it doesn't have 60 votes in senate, they don't pass any bills.

Like, don't try to be a reality check and then pretend that reality doesn't exist.

TheScott2K
Oct 26, 2003

I'm just saying, there's a nonzero chance Trump has a really toad penis.

Jaxyon posted:

Because they can't.

If it doesn't have 60 votes in senate, they don't pass any bills.

Like, don't try to be a reality check and then pretend that reality doesn't exist.

The existence of the 60 vote threshold is a choice.

killer_robot
Aug 26, 2006
Grimey Drawer
Giving you 20K isn't going to be the choice that breaks the senate deadlock on filibuster being a good idea.

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

TheScott2K posted:

The existence of the 60 vote threshold is a choice.

Not if they don't have the votes to remove it.

AtomikKrab
Jul 17, 2010

Keep on GOP rolling rolling rolling rolling.

Main Paineframe posted:

They've turned down the cases that have come to them - which lets the lower court's ruling stand. In both of the cases that have come to them to them so far, the challenge to debt forgiveness had been rejected by the lower courts, and so by turning the case down, the Supreme Court was allowing those rejections to stand. It only takes four justices to decide to hear the case, so that shows that even the conservative wing of the Court isn't particularly against the loan forgiveness.

They wouldn't be able to do the same thing to let this ruling stand, because if the Eighth Circuit says student debt forgiveness is legal and the Fifth Circuit says it's illegal, then that's a circuit split and the Supreme Court pretty much has to get involved.

I think also there is an argument someone could make against the harm in that "So if I win the lottery and want to pay it all back at once to avoid interest, I can't do that either because you would be "harmed" by not getting the interest out of my hide."

Thom12255
Feb 23, 2013
WHERE THE FUCK IS MY MONEY

TheScott2K posted:

The existence of the 60 vote threshold is a choice.

A choice Manchin and Sinema love to make so kind of redundant.

ozmunkeh
Feb 28, 2008

hey guys what is happening in this thread

TheScott2K posted:

Very fun how nobody even bothers pointing out that the Democrats have the ability to legislate until January and could just...pass a bill that does this.

They’ve had the ability to do a lot of things for a very long time. What they lack is the will or the motivation.

SchrodingersCat
Aug 23, 2011
lol at anyone who thought that much money would be allowed to move downward in this country.

Between the forgiveness program being enacted two months before the midterms, and the "application" being like three questions long, everyone should have seen what the real game was.

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

ozmunkeh posted:

They’ve had the ability to do a lot of things for a very long time. What they lack is the will or the motivation.

Also the votes

SchrodingersCat
Aug 23, 2011
Eighth Circuit issues an injunction, says the six states in the Nebraska case have standing. The appeal will move forward and they'll hear the merits of the case.

It's over, folks. Plan accordingly.

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

SchrodingersCat posted:

Eighth Circuit issues an injunction, says the six states in the Nebraska case have standing. The appeal will move forward and they'll hear the merits of the case.

It's over, folks. Plan accordingly.

Doesn't mean it is over.

But, it means there will be a month or two delay (if they win) and is definitely not a great sign.

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Framboise
Sep 21, 2014

To make yourself feel better, you make it so you'll never give in to your forevers and live for always.


Lipstick Apathy
Whether the 10-20k forgiveness happens or not, whatever. If the IDR thing coming next year trivializes or completely nullifies loan payments for 10 years and then it's gone, then that's what I'll do. God knows I don't make enough to be paying a whole lot under that plan.

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