Connect with us

Published

on

President Biden’s student loan relief plan faces a do-or-die moment on Tuesday as it reaches the Supreme Court for oral arguments. 

The up to $20,000 in debt relief that could go to millions of Americans faces two challenges: one from six Republican-led states, Biden v. Nebraska, and another from two student loan borrowers, Department of Education v. Brown. 

Biden’s plan to save one of his biggest campaign promises hinges on two arguments. 

The administration says that Education Secretary Miguel Cardona had the authority to forgive the debt under the Higher Education Relief Opportunities for Students (HEROES) Act.

But legal observers suggest the closer question could be whether the justices reach the merits at all. The Biden administration contends that neither group of challengers has standing, meaning the legal capacity to sue.

With the lower courts placing the plan on hold, the Biden administration now must face a conservative-majority Supreme Court in its efforts to give borrowers relief. 

Here is what you need to know about the legal issues in the two student debt relief cases: What is the HEROES Act?

The Higher Education Relief Opportunities for Students, or HEROES, Act has only recently come back into focus, but it was passed two decades ago with bipartisan support as the country headed to war following the 9/11 terror attacks.

The law gives the education secretary authority to “waive or modify” federal student financial assistance programs “as the Secretary deems necessary in connection with a war or other military operation or national emergency.”

The Trump administration began using HEROES Act authority to pause student loan payments after declaring the coronavirus pandemic a national emergency in 2020.

After Biden took office, his administration extended the emergency and the payment pause before announcing the debt relief plan last year. 

The administration has said the HEROES Act’s plain text authorizes Cardona to forgive the debts, and that his decision to do so was reasonable. He has put forward data showing that many borrowers are at risk of defaulting on their loans if the payment pause ends without the debt relief.

“The federal government provides relief to people affected by crises all the time, and that relief flows not just immediately after the crisis, but in the months and years afterwards,” said Jonathan Miller, chief program officer at the Public Rights Project, which filed a brief supporting the administration on behalf of local governments.

“So I think this is a perfectly reasonable and appropriate step for the Secretary to take, given all the information that was before him in the department at the time,” Miller added.

After the Supreme Court took up the challenges, Biden announced the COVID-19 emergency will end in May, but the administration says that doesn’t affect its debt relief plan.

Meanwhile, the administration has argued that ending the emergency moots a separate Supreme Court case involving Title 42, which limits migrants’ ability to seek asylum on public health grounds.

But the White House believes student debt relief is different because it concerns economic consequences that will persist beyond the emergency, rather than stopping the spread of disease, according to people familiar with the administration’s legal strategy.

“Our debt relief plan is needed to prevent defaults and delinquencies as student borrowers transition back to repayment after the end of the payment pause,” an administration official said. “The national emergency formally ending does not change that fact. It also does not change the legal justification for the plan.” How have the courts ruled so far?

Federal appeals courts have blocked the plan in both cases pending further action by the Supreme Court.

In the challenge from the conservative states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — a three-judge panel on the 8th Circuit Court of Appeals, all appointed by Republican presidents, issued a temporary injunction in the fall. 

A federal trial judge in Texas ruled in favor of the individual challengers and separately blocked the debt relief plan in November. The 5th U.S. Circuit Court of Appeals later upheld that ruling.

The Biden administration appealed both cases to the Supreme Court, and the justices agreed in December to take up both cases. What do the plan’s opponents say?

Both groups of challengers contend Cardona overstepped his authority under the HEROES Act.

The individual borrowers argue he was required to provide a comment period on the proposal before implementing it.

Both groups argue the debt relief plan invokes the “major questions” doctrine, which requires Congress to speak clearly when authorizing an agency to decide matters of vast economic and political significance.

Echoing a lower court ruling, the plan’s critics assert that taking the administration’s position means the executive branch could cite the pandemic’s lingering effects even 10 years down the road to forgive the debts without consulting Congress.

“This case is not so much about the wisdom of that decision. It’s about in a democratic, self-governing society, how are we going to make these kinds of decisions?” said Casey Mattox, vice president for legal and judicial strategy at Americans for Prosperity, which filed an amicus brief supporting the challengers.

The court has cemented the major questions doctrine in three recent cases: stopping the Centers for Disease and Control and Prevention’s (CDC) eviction freeze during the pandemic, blocking the Biden administration’s vaccine-or-test mandate for large employers and striking down a power plant rule last June.

Thomas Berry, editor-in-chief of “Cato Supreme Court Review” at the Cato Institute, which filed an amicus brief siding with the challengers, said the precedents give a clear indication that a majority of the justices will be skeptical of the debt relief plan.

“If they reach the merits, I would be fairly confident that the action will be struck down,” Berry said. “I think the closer question is whether they reach the merits at all.” Biden admin argues challengers lack standing to sue

The Biden administration believes none of the plaintiffs have standing to challenge the debt relief.

Three states cited economic impacts from how some borrowers are now consolidating their loans, and four said their tax revenues will take a hit. 

Missouri shows perhaps the most compelling theory by arguing the plan will harm its student loan service, legal observers say, but the administration is likely to push back that any harm is still speculative.

“I just don’t think it really comports here, because it’s very clear that loan forgiveness ultimately is a net benefit for the states,” said Miller.

His group’s brief argues that forgiveness would make it easier for borrowers to start a business or own a home, spurring economic growth. Republicans request documents from Biden’s Supreme Court commission Appeals court rules North Carolina can’t ban undercover cameras from PETA

The two individual borrowers, who did not qualify for the relief, contend that they can bring their suit because Cardona’s failure to provide a comment period unfairly deprived them of a concrete interest.

The Biden administration asserts stopping the debt relief would not redress their injury, a component needed for standing.

“That judgment leaves Brown’s financial position unchanged; she would still receive no loan forgiveness,” the administration wrote in its brief. “And it would leave Taylor worse off than before; he would receive neither the $10,000 the plan provides nor the $20,000 he purports to seek, but instead nothing at all.”

Continue Reading

Entertainment

The ‘scary spotlight’ on music stars amid Kneecap terror charge

Published

on

By

The 'scary spotlight' on music stars amid Kneecap terror charge

Before the amps are even switched on in Brockwell Park, there’s been a lot of noise about who should or shouldn’t be performing.

It’s where Irish hip-hop trio Kneecap are set to play their first major show since band member Mo Chara was charged for allegedly displaying a flag in support of the terrorist group Hezbollah at one of their gigs.

Before that, there had been calls for festivals to reconsider booking the band over their political stances, and several have done, which prompted artists like Brian Eno, the Mystery Jets and CMAT to sign an open letter accusing Westminster and the British media of a campaign to “remove Kneecap from the public eye”.

They put their names to wording that said “in a democracy, no political figures… have the right to dictate who does and does not play at music festivals.”

The band have since claimed they’re the victims of “political policing” designed to silence their views on Gaza.

So what’s the reality like for artists who are outspoken at a time when the world is so divided?

As some of the biggest names in music gathered in London for the Ivors, an annual celebration of songwriting, Self-Esteem – aka Rebecca Lucy Taylor – said the level of scrutiny can be “terrifying”.

‘The problem with the internet’

She told Sky News: “The problem with the internet is you say one thing, which gets scrutinised, and then you shit yourself, you really do… then you’re advised not to. And then you’re like ‘don’t advise me not to!’

“You second-guess anything you want to say any more… but any time I do that, I think ‘well that’s why you’ve got to say it then’.”

She said it can be frustrating that focus turns on to pop stars’ opinions instead of “the people doing the bad things”.

Read more:
Why are Kneecap controversial?

Self-Esteem - aka Rebecca Lucy Taylor - spoke to Sky News about the topic.
Image:
Self-Esteem, aka Rebecca Lucy Taylor

‘Being a pop artist isn’t just about the music’

Former Little Mix singer Jade said: “To be a pop artist these days, it’s not just about music, it’s: ‘What’s your political stance?’

“I’ve always been quite vocal about those things, but in doing so you have even more of a scary spotlight on you, constantly assessing what your thoughts are as a human…it is scary.”

Trinidad-born London artist Berwyn, whose songs depict his struggles with UK immigration, says: “Silencing freedom of speech… is a road we don’t want to walk down.

“I’m not a politician, this is a very complicated issue, but I do absolutely believe in a human’s right to express themselves freely.”

But is that freedom of speech dependent on what side you’re coming from?

Berwyn speaking to Sky News
Image:
Berwyn speaking to Sky News

‘Unethical investments’

Soon, an event called Mighty Hoopla will take place at Brockwell Park as part of its programme of six festivals this summer.

Artists performing at that are coming under increased pressure from pro-Palestine groups to quit because it’s owned by a company called Superstruct, which has links to an American investment firm called KKR.

Critics argue that any KKR-affiliated events should be a red flag to artists as campaigners claim it “invests billions of pounds in companies” that do things like “develop Israeli underground data centres”, and they say it has shares in companies that “advertise property on illegally occupied land in the West Bank”.

👉 Listen to Sky News Daily on your podcast app 👈

Mighty Hoopla itself has said while it “cannot control investments made in our parent companies”, it wants to “state its clear opposition to KKR’s unethical investments”.

And Superstruct – which puts on over 80 festivals around the world – says while horrified by the crisis in Gaza: “We are aware that there is a significant amount of debate… around our festivals.

“Our owners, made up of our promoters and several investment firms, support us to achieve the highest standards… fans and artists rightly expect.”

They insist that operationally, Superstruct is independently run and all its “revenue and profits… remains entirely within our business… towards the ongoing development… of our festivals.”

Read more from Sky News:
Kid Cudi says Diddy ‘messed with his dog’
Bono calls for Israel to be ‘released from Netanyahu’
Chris Brown posts message as singer is bailed

Even deciding where to perform can have political connotations for musicians these days.

As Tom Gray, a founding member of the rock band Gomez, now chair of the Ivors, explains: “The amount of commercial interest required to get a young artist into the public eye means they have to keep their head down a lot and that’s a terrible shame.

“It’s not just artistic expression, but personal human expression is one of the fundamental things that allows people to feel they have agency.”

Continue Reading

Sports

Bennett scores 2 as Panthers take 2-0 series lead

Published

on

By

Bennett scores 2 as Panthers take 2-0 series lead

RALEIGH, N.C. — Sam Bennett scored one of his two goals in Florida’s three-goal first period, Sergei Bobrovsky made 17 saves and the Panthers beat the Carolina Hurricanes 5-0 on Thursday night to take a 2-0 lead in the Eastern Conference final.

Gustav Forsling and Matthew Tkachuk also scored in another tone-setting opening 20 minutes for the reigning Stanley Cup champions, while Carter Verhaeghe had three assists.

Bennett scored a second time by skating in to clean up an attempt at the right post in the final minute of the second period to make it 4-0, ending a long shift in Carolina’s end prolonged by Hurricanes defenseman Brent Burns being stuck on the ice after breaking his stick. Aleksander Barkov added a goal midway through the third as punctuation.

Bobrovsky had his third shutout of the playoffs this year and the sixth of his career, with Florida’s defense smothering a Hurricanes team that typically peppers the net with shots but found little daylight.

Florida had already ripped home-ice advantage away Tuesday night with a 5-2 win, the opener in a rematch of the 2023 conference final swept by the Panthers with four one-goal wins. Florida only tightened its grip on the series with this one and now heads back south to host Game 3 on Saturday night.

On the other bench, the Hurricanes found themselves on the receiving end of a crushing loss by a jarringly lopsided margin. And it marked their 14th straight loss in a conference final, going back to sweeps in 2009, 2019 and the ’23 tilt with Florida.

The Hurricanes managed just three first-period shots and just seven through two periods, prompting a typically rowdy home crowd to vent its frustrations with two chants of “Shoot the puck! Shoot the puck!” Carolina had a brief boost when Sebastian Aho scored on a turnover in the first minute of the second period to cut the deficit to 3-1.

But Florida successfully challenged that the play was offsides. It turned out Burns’ stick-check on Tkachuk near the blue line forced the puck back into the zone and right to Aho in the slot for the finish.

By the third period, Carolina had pulled veteran Frederik Andersen from net and went with backup Pyotr Kochetkov for the final period.

It wasn’t all great news for Florida. Veteran forward Sam Reinhart was knocked from the game in the first period after taking a hit from Aho in the left leg, causing Reinhart’s knee to bend awkwardly.

Continue Reading

Sports

Danes oust Canada at hockey worlds; U.S. wins

Published

on

By

Danes oust Canada at hockey worlds; U.S. wins

HERNING, Denmark — Nick Olesen scored with 49 seconds left as Denmark stunned Canada 2-1 at the ice hockey world championship Thursday to advance to the semifinals.

“I have no words, it’s unbelievable,” Olesen said after Denmark reached the last four for the first time. “The fans here were cheering for us the whole game and they helped us get the win. It’s crazy.”

Denmark, in the sold-out arena in Herning, had tied it with 2:17 remaining when Nikolaj Ehlers scored through traffic in only his second game at the tournament following his Winnipeg Jets being eliminated from the NHL playoffs.

The Danes had pulled goaltender Frederik Dichow for the extra attacker before Ehlers struck.

Canada outshot Denmark 30-11 in the first two periods but couldn’t solve Dichow, who made 39 saves in all, until 5:17 into the third when captain Sidney Crosby fed Travis Sanheim to score into the roof of the net. Canada was outshot 22-10 in the final period, though.

Denmark has only two NHL players at the worlds, while Canada has only two who don’t play at the NHL level.

“I’m disappointed,” Crosby said. “We got better as the tournament went on. I don’t think tonight was necessarily our best, but we still found a way to give ourselves a lead … but it turned pretty quick.”

Crosby returned to the worlds for the first time since 2015, when he captained Canada to gold. He was expected to do it again with teammates like Nathan MacKinnon.

Canada is the most successful nation at the tournament with 28 titles but has finished empty-handed in the past two editions after it was beaten by Sweden in the bronze medal game last year.

It was only the second win for Denmark over Canada at the worlds.

The semifinals are set for Saturday: Denmark will play Switzerland; and the United States will face Sweden.

Earlier on Thursday, the U.S. advanced by beating Finland 5-2 backed by Conor Garland‘s two power-play goals

Trailing 2-1 in the middle period, the Americans needed 71 seconds to turn things around when defenseman Zeev Buium put home a rebound at 23:53 before Garland’s second goal restored the U.S. lead.

“I really liked how we stayed with it and built as the game wore on,” U.S. head coach Ryan Warsofsky said. “We got off to a bit of a slow start but really found our game as time wore on. I give our guys a lot of credit as they beat an excellent hockey team today.”

Garland had given the U.S. a 1-0 lead 4:50 into the game when he received a cross-ice pass from Logan Cooley to beat goalie Juuse Saros from the right circle.

Finland tied it at 1-1 on Eeli Tolvanen‘s power-play goal. Patrik Puistola scored from the slot on another power play 7:46 into the second period for Finland to take a 2-1 lead.

The Americans added two more goals in the third. Shane Pinto scored the fourth 5:52 into the final period and captain Clayton Keller finished the scoring into an empty net.

The U.S. team hasn’t won a medal since taking bronze in 2021. The Finns have been waiting for a medal since they won gold in 2022.

Sweden delighted the home crowd in the Avicii Arena in Stockholm by eliminating defending champion Czechia with a 5-2 victory.

Lucas Raymond and Leo Carlsson led the co-host with two goals each.

Earlier in Herning, last year’s runner-up Switzerland advanced by blanking Austria 6-0.

Continue Reading

Trending