American Prospect laments 'right-wing judges' using 'loopholes' to fight Biden's student loan bailout

Earlier this week, Joe Biden’s unconstitutional student loan debt forgiveness suffered a pretty major setback when the Eight Circuit Court of Appeals in St. Louis issued a nationwide injunction against the policy.

Federal appeals court blocks Biden student debt relief program nationwide https://t.co/2GAbS4NlIg

— CNBC (@CNBC) November 14, 2022

The court defended its decision by citing the unconstitutional nature of Biden’s action. But if you believe The American Prospect, it’s the judges noting the unconstitutional nature of Biden’s action who are doing the end runs around the rules:

Right-wing judges across the country are finding loopholes to strike down President Biden’s student debt cancellation plan. The Biden administration needs to push back and prove it wasn’t a political stunt to attract young voters.

From @ddayen:https://t.co/ZtPdSnRXhk

— The American Prospect (@TheProspect) November 15, 2022

More from The American Prospect (WARNING: The following excerpts — the entire article, really — contain numerous examples of weapons-grade projection):

It’s the kind of decision that makes you wonder what the law is, and whether it matters what it says. But the conservative judiciary could see these same tactics used by determined plaintiffs with different priorities. This would force right-wing judges to come up with what amounts to two different legal systems, one for policies they like and another for policies they don’t, eating away at the increasingly unpopular system of judicial supremacy.

…

The judiciary’s legitimacy is already at a low ebb; making up different sets of rules depending on the plaintiff would nosedive that even further. This legitimacy, while it seemingly doesn’t matter to unelected elites in robes, clearly had an impact on the 2022 elections. And in U.S. history, when the judiciary has been seen as a cancer on American life, it has often changed course, like the Lochner Court during the New Deal.

Whatever the strategy, the Biden administration will need to rebut charges that they conned young voters by offering debt relief before the election, only to have it taken away by the courts, as they knew it would be. They have at least a few ways to prove that conspiratorial belief wrong.

First of all, it was absolutely a political stunt to attract young voters. It’s no conspiracy to point that out.

But it was a political stunt.

— Kel in Cali (@KinCali1) November 16, 2022

But…It was a political stunt to sucker young voters.

— No one of consequence, PhD (@NobodyOfX) November 16, 2022

And second of all, “loopholes”? Sorry, American Prospect, but we do not think it means what you think it means.

Ah yes the old “not authorized by Congress” loophole https://t.co/HjwyYqZ8MM

— Preston Cooper (@PrestonCooper93) November 16, 2022

Loopholes: Enumerated powers clearly placed within the Constitution . . .

— Latent Development 🌐 (@Latent_Dev) November 16, 2022

https://twitter.com/HJWallEcon/status/1592681648298262528

"Loopholes" like "Congress didn't fund this stupid thing" kind of loophole? https://t.co/qvt7mZ3bVU

— Pradheep J. Shanker (@Neoavatara) November 16, 2022

Exactly that kind of “loophole.”

Loophole? https://t.co/k5vVIek8Zm

— American Jane (@AmericanJane) November 16, 2022

"Loopholes" as in, the law.

It was a stunt, is a stunt, and the only way to actually do this would be to get Congress to pass a law.

But they won't do that because then the cost would actually be scored.

— Can of Spam (@iDoLikeSpam) November 16, 2022