Biden May Have Just Destroyed the Legal Basis for Student Debt ‘Forgiveness’

To assert that Joe Biden is still his own worst enemy is a rather bold claim to make. The legal basis for Biden’s vow to eliminate student debt was jeopardized because of an unfortunate mishap.

Biden was a guest on “60 Minutes,” which is hosted by Scott Pelley. Pelley conducted the interview. Since Joe Biden was able to attend the Detroit Auto Show the previous week, which is an event that happened for the first time since 2019 prior to the pandemic, he was asked if it is actually the case that the pandemic is “over.”

According to Biden, there is no longer any risk of the virus spreading further. The pandemic is over.

“The pandemic is over. We still have a problem with COVID. We’re still doing a lotta work on it,” Biden said.

“But the pandemic is over. If you notice, no one’s wearing masks. Everybody seems to be in pretty good shape,” he continued. “And so I think it’s changing. And I think this is a perfect example of it.”

There are some consequences to this statement assuming what he said is true.

Biden stated last month that he would waive $10,000 in student loan debt for each borrower making less than  $125,000 annually.

The legal basis for Biden’s plan was made public by the Biden regime the same day it was announced. A memo from the Education Department asserted that the HEROES Act of 2003, a post-9/11 law, existed. This permits the cancellation of many debts.

The memo said: “The HEROES Act, first enacted in the wake of the September 11 attacks, provides the Secretary broad authority to grant relief from student loan requirements during specific periods (a war, other military operation, or national emergency, such as the present COVID-19 pandemic) and for specific purposes (including to address the financial harms of such a war, other military operation, or emergency).

Since the Act’s adoption, the Secretary of Education has made use of this power to grant borrowers relief in the event of a war, other military action, or a national emergency, including the ongoing moratorium on student loan payments and interest.

The consequences of Biden’s admission were explained by Charles Cooke in National Review.

“But, even if one were to ignore all [of the questions of legality], one could still not get past the fact that the powers to which Biden laid claim can be applied only when there is an active emergency, and that the active emergency Biden is citing has now passed,” Cooke wrote.

So, Biden may have messed that up entirely, but we’ll just have to see how it all plays out.

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