That was the predictably partisan slant of Vox regarding the highly skeptical reception Joe Biden’s student loan forgiveness bribe to young voters in the run-up to the 2022 midterms got from most of the Supreme Court Justices in oral arguments in two cases, Biden v. Nebraska and Department of Education v. Brown. But that’s Vox for you.
Whether the $400 billion treasury heist is Constitutional or not, it is definitely unethical to the core, and not just because the U.S. is already approaching—has surpassed?—perilous National Debt levels during an administration determined to buy votes and power. Responsible taxpayers are going to be forced to gift irresponsible students who took out loans they couldn’t afford, with many hoping they wouldn’t have to. Responsible college graduates (or their parents) who paid back all of their student loans or never got them will be played for chumps. This is the measure that Vox, and to be fair, most of the mainstream media, is representing as wonderful.
The legal and Constitutional disputes are closer than the ethical one. A sloppily drafted 2003 law authorized the Secretary of Education to address emergencies, in full knowledge, one assumes, that the party favoring brute federal power believes that “no emergency should go to waste.” The language of the law is especially dangerous in an era where much of the Democratic Party is is openly totalitarian in methods and rhetoric. The Higher Education Relief Opportunities for Students Act of 2003, the HEROES Act (Oooo! Such a clever acronym!), gives the Secretary of Education power to “waive or modify any statutory or regulatory provision” to protect borrowers affected by “a war or other military operation or national emergency.”
Like all laws now, most Senators and House members probably didn’t read or think about the bill carefully if at all: it was a post 9-11 reflex. President Bush didn’t have the sense to veto it either. Now, thanks to the contrived “national emergency” of the pandemic, there is at least a colorable claim that the act enables the obscene giveaway. It might be stupid, but SCOTUS is supposed to decide if it is legal.



