this post was submitted on 31 Aug 2023
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Interesting you say SCOTUS legislating from the bench in this case. Deferment and forgiveness were both "legislated" from the White House. Seems the only party not legislating here is the legislature.
No, they weren't. Congress passed laws giving the executive that authority.
It was in fact legislated by the legislature.
I think it's disingenuous to make it sound that simple.
If Congress supported forgiveness, we wouldn't be having this discussion. Whether they had implicitly given that power to the executive with previous legislation is controversial, thus the SCOTUS case. But it's not like SCOTUS was the first to question it. Pelosi and even Biden had previously stated it was not an executive power.
Again, it could be easily settled now by the legislature if they supported it, but they do not.
I think it's disingenuous to say it's not that simple. Because it is.