[RoosterRedux]

Is this student loan forgiveness plan of Biden's implemented by executive order?

It's not a bill that has to be passed by Congress, is it? If it's not a bill that has to be passed by Congress, is it legally valid given that Congress has to approve the budget?

[Howie66]

“Is this student loan forgiveness plan of Biden’s implemented by executive order?
It’s not a bill that has to be passed by Congress, is it? If it’s not a bill that has to be passed by Congress, is it legally valid given that Congress has to approve the budget?”

Please list any and all instances where Beijing Biden has shown any inclination to follow the letter of the Law or the Constitution.

I’ll wait.

[TornadoAlley3]

I read they are using an old 2003 law that states in a National Emergency (Biden still has us in a covid state of emergency), The Secretary of Education may do anything he wants basically. Such as forgive debt.

Similar to when states were declaring an emergency, allowed Secretary of States to handle elections the way they see fit.

States and Feds need to stop giving heads of agencies the freedom to disregard the laws during a declared emergency.

[olivia3boys]

The first part of the plan (the immediate forgiveness) based its legality on a 2003 law called the HEROES act which stated in times of war or national emergency the Secretary of education can modify the loans. Trump (DeVos) relied on it to pause the interest and payments starting in March 2020. But devos’ OGC determined it couldn’t be used for outright cancellations. Then Cardona’s OGC together with Justice’s OGC determined it could.

The second part of the plan is a proposal only. It’s part of normal negotiated rule making of department of education regs. There will be 30 days only open for public comments.