4 ms·

The broad authority was already approved by Congress in statute.

JumpCrisscross 3y ago
> broad authority was already approved by Congress in statute No, it wasn't, at least not clearly. The statute the Secretary of Education relied on is the HEROES Act of 2003, which lets them "waive or modify." It's a novel reading of that statute (and its intent) to say it permits large-scale forgiveness. (It's not textually inappropriate, hence the grey area.)
- zeroonetwothree 3y ago
  It says "[the Secretary] may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the [Education Act] as the Secretary deems necessary in connection with a war or other military operation or national emergency." So "waive or modify" refers to a regulatory provision of the loans, not the loans themselves. This makes it far less convincing that Congress intended for the loans themselves to be waived.
- monocasa 3y ago
  I mean, waiving student loans is exactly the authority you've quoted there. Forgiveness is simply a synonym for fully exercising that provision in this case.
  - JumpCrisscross 3y ago
    > waiving student loans is exactly the authority you've quoted there At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forgiven.") There is the added complication that it's not a straightforward waiver of statute, but, due to the income qualification, a writing of provisions anew. Based on my reading, saying student loans will be automatically forgiven in bankruptcy as well as increasing the number of professions considered "public servants" seems the savvier way to go.
    - monocasa 3y ago
      > At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forgiven.") That separate bill adds other authorities but doesn't restrict the ability to waive or modify during a national emergency. The heroes act of 2003 makes no reference to bankruptcy. https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf > There is the added complication that it's not a straightforward waiver of statute, but, due to the income qualification, a writing of provisions anew. Waive and modify. > Based on my reading, saying student loans will be automatically forgiven in bankruptcy as well as increasing the number of professions considered "public servants" seems the savvier way to go. What test did you use to come to that being the limit of the powers here (or near)?
      - JumpCrisscross 3y ago
        > What test did you use to come to that being the limit of the powers here (or near)? Not limit. That’s safely within the scope the opinion finds.

> broad authority was already approved by Congress in statute No, it wasn't, at least not clearly. The statute the Secretary of Education relied on is the HEROES Act of 2003, which lets them "waive or modify." It's a novel reading of that statute (and its intent) to say it permits large-scale forgiveness. (It's not textually inappropriate, hence the grey area.)

zeroonetwothree 3y ago
It says "[the Secretary] may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the [Education Act] as the Secretary deems necessary in connection with a war or other military operation or national emergency." So "waive or modify" refers to a regulatory provision of the loans, not the loans themselves. This makes it far less convincing that Congress intended for the loans themselves to be waived.
monocasa 3y ago
I mean, waiving student loans is exactly the authority you've quoted there. Forgiveness is simply a synonym for fully exercising that provision in this case.
- JumpCrisscross 3y ago
  > waiving student loans is exactly the authority you've quoted there At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forgiven.") There is the added complication that it's not a straightforward waiver of statute, but, due to the income qualification, a writing of provisions anew. Based on my reading, saying student loans will be automatically forgiven in bankruptcy as well as increasing the number of professions considered "public servants" seems the savvier way to go.
  - monocasa 3y ago
    > At the time the HEROES Act was passed, forgiveness was separately considered by the Education Act. (For example, "bankrupt borrowers may have their loans forgiven.") That separate bill adds other authorities but doesn't restrict the ability to waive or modify during a national emergency. The heroes act of 2003 makes no reference to bankruptcy. https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf https://www.congress.gov/108/plaws/publ76/PLAW-108publ76.pdf > There is the added complication that it's not a straightforward waiver of statute, but, due to the income qualification, a writing of provisions anew. Waive and modify. > Based on my reading, saying student loans will be automatically forgiven in bankruptcy as well as increasing the number of professions considered "public servants" seems the savvier way to go. What test did you use to come to that being the limit of the powers here (or near)?
    - JumpCrisscross 3y ago
      > What test did you use to come to that being the limit of the powers here (or near)? Not limit. That’s safely within the scope the opinion finds.