(TheLibertyRevolution.com)- Last Wednesday, to justify forcing American taxpayers to bail out affluence college graduates, the White House claimed that it had the authority to unilaterally act on the student debt bailout based on a 2003 law related to war, military operations, and national emergencies.
White House domestic policy advisor Susan Rice along with Education Secretary Miguel Cardona claimed last Wednesday that the 2003 HEROES Act (Higher Education Relief Opportunities for Students Act) gives the administration the authority to unilaterally implement the student debt bailout without congressional action.
Under the HEROES Act, the Secretary of Education can “waive or modify” any statute or regulation related to student financial assistance programs as he deems necessary “in connection with a war or other military operation or national emergency.”
According to the White House, the HEROES Act applies in this instance because the national emergency over COVID-19 that former President Trump declared in 2020 remains in place today.
But the Biden administration seems to be picking and choosing when the COVID national emergency does and does not remain in effect.
The administration lifted the Trump-era Title 42 claiming the pandemic-related immigration provision was no longer necessary since there was no longer a COVID national emergency.
Now that same national emergency is being invoked to justify sticking taxpayers with a half-trillion-dollar bailout of student loan debt.
According to a recent article at 19FortyFive.com, there is plenty of skepticism over the legality of the Biden administration using the HEROES Act to justify bypassing Congress.
Former Obama administration Education Department legal counsel Charlie Rose wrote in a private memo obtained by the Wall Street Journal it is unlikely the Executive Branch has “the unilateral authority to engage in mass student debt cancellation.”
Even President Biden admitted during a CNN town hall in February 2021 that he doesn’t have the authority to unilaterally bail out student debt through Executive action.
And while she was praising the bailout last week, last summer, Speaker of the House Nancy Pelosi told reporters that the president does not have the authority to “cancel” student debt, adding such an action would have to be done by Congress.
"That has to be an act of Congress," Pelosi says. pic.twitter.com/2V7ALDDG3y
— Michael Stratford (@mstratford) July 28, 2021
It is a foregone conclusion that Biden’s unilateral bailout will face challenges in court where it will likely be overturned for the same reasons his other attempts to bypass Congress were overturned.