Breaking Thursday, the states of Nebraska, Missouri, Arkansas, Kansas, Iowa, and South Carolina joined together to file a lawsuit against President Biden’s administration in order to stop the student loan-forgiveness program from taking effect.
“In addition to being economically unwise and downright unfair, the Biden Administration’s Mass Debt Cancellation is yet another example in a long line of unlawful regulatory actions,” argued the plaintiffs in their filing.
The attorneys general spearheading the legal challenge also submit that “no statute permits President Biden to unilaterally relieve millions of individuals from their obligation to pay loans they voluntarily assumed.”
Biden, however, has argued that he is able to unilaterally cancel student debt to mitigate the economic effects of the coronavirus pandemic. Specifically, writes National Review, a Department of Education memo released by his administration asserts that the HEROES Act, which passed in 2003 and allows the secretary of education to provide student-debt relief “in connection with a war or other military operation or national emergency,” provides the legal basis for the cancellation.
But, National Review notes that the plaintiffs point out that Biden declared in a recent 60 Minutes interview that “the pandemic is over.”
The legal brief also adds:
“The [HEROES] Act requires ED [Education Department] to tailor any waiver or modification as necessary to address the actual financial harm suffered by a borrower due to the relevant military operation or emergency… This relief comes to every borrower regardless of whether her income rose or fell during the pandemic or whether she is in a better position today as to her student loans than before the pandemic.”
Moreover, they argue that the HEROES Act was designed to allow the secretary to provide relief in individual cases with proper justification.
The first lawsuit against Biden’s executive order came Tuesday from the Pacific Legal Foundation:
“The administration has created new problems for borrowers in at least six states that tax loan cancellation as income. People like Plaintiff Frank Garrison will actually be worse off because of the cancellation. Indeed, Mr. Garrison will face immediate tax liability from the state of Indiana because of the automatic cancellation of a portion of his debt,” wrote PLF in their own brief.
The state-led lawsuit was filed in a federal district court in Missouri, and asks that the court “temporarily restrain and preliminarily and permanently enjoin implementation and enforcement of the Mass Debt Cancellation,” and declare that it “violates the separation of powers established by the U.S. Constitution,” as well as the Administrative Procedure Act.
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Biden Administration Proposes Rule to Fortify Federal Bureaucracy Against Republican Presidency
In a strategic move, the Biden administration has unveiled a proposed rule aimed at reinforcing the left-leaning federal bureaucracy, potentially hindering future conservative policy implementations by Republican presidents. This move has raised concerns about the efficacy of democratic elections when a deep-seated bureaucracy remains largely unchanged, regardless of electoral outcomes.
Key points of the situation include:
Presidential Appointees vs. Career Bureaucrats: Of the 2.2 million federal civil workers, only 4,000 are presidential appointees. The vast majority, made up of career bureaucrats, continue in their roles from one administration to the next. This continuity is facilitated by rules that make it exceedingly difficult to discipline or replace them, resulting in a bureaucracy that tends to lean left politically.
Union Political Affiliation: A striking 95% of unionized federal employees who donate to political candidates support Democrats, according to Open Secrets, with only 5% favoring Republicans. This significant political skew among federal workers raises questions about the potential for political bias in the execution of government policies.
Obstructionism and Challenges for GOP Presidents: Some career bureaucrats have been accused of obstructing Republican presidents’ agendas, leading to policy delays and challenges. For example, during the Trump administration, career lawyers in the Department of Justice’s Civil Rights Division declined to challenge Yale University’s discrimination against Asian American applicants, prompting Trump to seek legal counsel from other divisions. The case was subsequently dropped when Joe Biden took office.
Biden’s Countermeasures: President Biden has taken steps to protect the bureaucracy’s status quo. In October 2020, Trump issued an executive order aiming to reclassify federal workers who make policy as at-will employees, but Biden canceled it upon taking office.
Proposed Rule and Congressional Actions: The rule unveiled by the Biden administration seeks to further impede a president’s ability to reinstate Trump’s order. Additionally, some Democrats in Congress are pushing to eliminate the president’s authority to reclassify jobs entirely. This has been referred to as an attempt to “Trump-proof the federal workforce.”
Republican Candidates’ Pledge: GOP candidates such as President Donald J Trump, Vivek Ramaswamy, and Ron DeSantis have pledged to address this issue. According to reports from Fox News, Ramaswamy has gone further, advocating for the elimination of half or more of civil service positions, emphasizing the need for accountability.
Debate on the Merit of the Civil Service: While Democrats and their media allies argue that civil service protects merit over patronage, critics contend that the system has evolved into a form of job security for federal workers with minimal accountability. Federal employees often receive higher salaries and more substantial benefits than their private-sector counterparts.
In summary, the Biden administration’s proposed rule and broader actions to protect the federal bureaucracy have sparked a debate over the role of career bureaucrats in shaping government policy.
Republican candidates are vowing to address these concerns, highlighting the need for accountability and ensuring that government agencies work in alignment with the elected president’s agenda. This ongoing debate raises important questions about the relationship between the bureaucracy and the democratic process in the United States.
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