Court Rejects Biden Push to Remove Block On Student Debt Transfer Program

 December 2, 2022

Suffering another court setback, on his student debt transfer program, which multiple federal courts have blocked as illegal, President Joe Biden is still hearing “no” to his independent efforts to make laws without Congress. The Fifth Circuit federal appeals court, denied the Justice Department’s motion seeking to stay a lower court judgment that had derailed the program last month.

Presumptuously, Biden had announced to millions of students (who he hoped would vote for Democrats) that he would cancel an estimated $400 billion in student debt.  Instead of actually canceling the debt Biden merely sought to transfers it to tens of millions of other Americans to pay. The concept failed.

It was challenged in court by the Job Creators Network, and its new litigation chief, Karen Harned, who proved that under the law, Biden lacked the legal authority to transfer the debt to other fund accounts from Americans who do not have student loans. In November, according to a Breitbart News report, Judge Mark Pittman of the Northern District of Texas, agreed and held that Biden and his Education Secretary Cardona lacked the legal authority to do so.

In his ruling, Judge Pittman even quoted former Speaker Nancy Pelosi, admitting that the president had no such power, adding that Americans “are not ruled by an all-powerful executive with a pen and a phone.” Apparently, Biden continues to believe his executive powers supersede the constitution, because the Justice Department asked the U.S. Court of Appeals for the Fifth Circuit, to grant a stay blocking the judge’s judgment, and order for the purpose of restoring the program while the appeal is underway.

Actually, a stay would not have had that effect because another federal appeals court,  the Eighth Circuit, had already held the program invalid. A stay would have instead breathed life back into the program, and would have have gotten the Education Department a step closer to its goal of resuming the debt transfer to Americans who do not have student loans. Essentially, the stay would have reactivated the program, if the administration could persuade the Supreme Court to stay the Eighth Circuit’s decision.

For the present, denying the motion for a stay, and keeping in place Pittman’s order, striking down Biden’s debt transfer, a three-judge panel of the Fifth Circuit, comprised of Bush (43) appointee Jennifer Elrod, Obama appointee James Graves, and Trump appointee James Ho – said effectively “no”. Ordering the case to be heard at the soonest available date, after legal briefs are filed by both sides, the New Orleans-based court also expedited the appeal process. The Supreme Court has just agreed to hear this case in early 2023.

The arrogance of the Biden administration continues to be unbelievable. That Joe Biden believes he can enact laws with his executive pen and appropriate 400 billion dollars of tax-payers money – in a direction of his choosing, demonstrates just how cavalier Joe and his handlers are. The U.S. Constitution provides for separation of powers for a reason. That Biden and his Education Secretary seek to circumvent the law further exemplifies this administrations’ blatant disregard for the law.

This is not a socialist country, and he is not some sort of ‘Robin Hood’, robbing some - to pay for the choices of others - most of whom are not even unable to repay their own debts. Further, that he would promise something that he could not deliver, also speaks to his ability to hoodwink the masses who voted for his causes in this past election.

Hopefully these former or active students, who are hoping for a handout, will get the message – pay your own debts, make good on your own choices, and do not expect America to bail you out - like some mom and pop enterprise. Accept the responsibility of your choices and make good on your word.

“Integrity is doing the right thing when nobody's watching, and doing as you say you would do.”

-Roy T. Bennett,
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