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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.

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:

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.

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

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

Exactly that kind of “loophole.”

All three of those things are very, very hard for progressives.

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