Constitutional cruelty: Democrats now oppose a democratic process on student loans

“…“Disappointing and cruel.” Those words from Senate Majority Leader Chuck Schumer (D-N.Y.) after the Supreme Court’s rejection of the Biden administration’s loan forgiveness program may say more than the opinion itself.

The court’s “cruelty” was in supporting Congress’s core constitutional power of the purse. Schumer’s disappointment in having to address and vote on the forgiveness of hundreds of billions of dollars in loans speaks volumes about the collapse of our constitutional values.

The court’s decision on the merits of the case was hardly a surprise. President Biden was using the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 to order the largest loan forgiveness program in U.S. history. The law is only a few pages long and was intended to assist military personnel deployed abroad in combat zones.

The idea of using that law in order to avoid getting congressional approval for such a massive expenditure was laughable. The Office of Legal Counsel considered the theory and issued a memo stating that it would be unconstitutional.

In his response to the court, Biden declared that “the hypocrisy is stunning” and that the court had “misinterpreted the Constitution.” However, during the last presidential campaign, Biden himself acknowledged that this effort would be unconstitutional…”