US Supreme Court blocks student loan forgiveness plan
US Supreme Court blocks student loan forgiveness plan
You're viewing part of a thread.
- At least Missouri has standing to challenge the Secretary’s pro- gram. Article III requires a plaintiff to have suffered an injury in fact—a concrete and imminent harm to a legally protected interest, like property or money—that is fairly traceable to the challenged con- duct and likely to be redressed by the lawsuit. Lujan v. Defenders of Wildlife, 504 U. S. 555, 560–561. Here, as the Government concedes, the Secretary’s plan would cost MOHELA, a nonprofit government cor- poration created by Missouri to participate in the student loan market, an estimated $44 million a year in fees. MOHELA is, by law and func- tion, an instrumentality of Missouri: Labeled an “instrumentality” by the State, it was created by the State, is supervised by the State, and serves a public function. The harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. The Court reached a similar conclusion 70 years ago in Arkansas v. Texas, 346 U. S. 368. The Secretary emphasizes that, as a public corporation, MOHELA has a legal personality separate from the State. But such an instru- mentality—created and supervised by the State to serve a public func- tion—remains “(for many purposes at least) part of the Government itself.” Lebron v. National Railroad Passenger Corporation, 513 U. S. 374, 397. The Secretary also contends that because MOHELA can sue on its own behalf, it—not Missouri—must be the one to sue. But where a State has been harmed in carrying out its responsibilities, the fact that it chose to exercise its authority through a public corporation it created and controls does not bar the State from suing to remedy that harm itself. See Arkansas, 346 U. S. 368. With Article III satisfied, the Court need not consider the States’ other standing arguments.
You can just read it yourself. It's all explained for you. You just don't like it.
Yeah. I read it. And it's total bullshit. If you scroll up just a couple of comments ago, you'll see why. MOHELA themselves say they will lose money from this court ruling and never planned to pay into the Missouri government program the Missouri government is referring to and they haven't for years. Additionally, Kavanaugh just ruled that "states can't sue the government just over 'indirect' harm from a federal policy." I literally already sent you a link to that. And yet, here he rules directly the opposite. So, maybe you could read first before sending the same bullshit that's already been shut down in this very thread.
But, because there's no real way to check the supreme court, they can say whatever they want and it's law.
Remember how i said they explained it, but you just don't like it?
Your linked case is TOTALLY different from this case. They're not the same. You keep saying they are, but they aren't.
Like i said, you either CAN'T read, choose not to,, or you're gaslighting because you're unhappy about the decision.
Remember how I said it's not about what I like but about how arbitrary and contradictory it is?
Oh my god. you actually can't extrapolate core ideas and concepts and then apply it to other scenarios. The US education system is really failing us.
Yea, i remember you saying that, and i remember tlling you you're conflating two things that shouldn't be.
Then you doubled down on your ignorance about "indirect" harm, which leads me to believe you DIDN'T read the ruling in this case that i even pasted for you, so you didn't have to do ANY work but reading... Which again, you chose not to do.
LET ME HELP YOU FURTHER:
- At least Missouri has standing to challenge the Secretary’s pro- gram. Article III requires a plaintiff to have suffered an injury in fact—a concrete and imminent harm to a legally protected interest, like property or money—that is fairly traceable to the challenged con- duct and likely to be redressed by the lawsuit. Lujan v. Defenders of Wildlife, 504 U. S. 555, 560–561. Here, as the Government concedes, the Secretary’s plan would cost MOHELA, a nonprofit government cor- poration created by Missouri to participate in the student loan market, an estimated $44 million a year in fees.
MOHELA is, by law and func- tion, an instrumentality of Missouri: Labeled an “instrumentality” by the State, it was created by the State, is supervised by the State, and serves a public function. The harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. The Court reached a similar conclusion 70 years ago in Arkansas v. Texas, 346 U. S. 368.
The Secretary emphasizes that, as a public corporation, MOHELA has a legal personality separate from the State. But such an instru- mentality—created and supervised by the State to serve a public func- tion—remains “(for many purposes at least) part of the Government itself.” Lebron v. National Railroad Passenger Corporation, 513 U. S. 374, 397. The Secretary also contends that because MOHELA can sue on its own behalf, it—not Missouri—must be the one to sue. But where a State has been harmed in carrying out its responsibilities, the fact that it chose to exercise its authority through a public corporation it created and controls does not bar the State from suing to remedy that harm itself. See Arkansas, 346 U. S. 368. With Article III satisfied, the Court need not consider the States’ other standing arguments.
Can you read? I bolded the important part that explains the DIRECT harm.
And yes, i agree. Our education system IS failing us. You're exhibit A.
MOHELA is not part of the state, it is owned by the state (not the same). It is an enterprise. Just because they used word salad to make it sound like a direct injury to the state doesnt mean it is. Look closely. They say a direct injury to Missouri, but they dont say the Missouri government explicitly. MOHELA is an instrumentallity lol. Because its not actually part of the Missouri state government and because it has not recently nor will it pay into the government in the future, there is no direct harm to the state government of Missouri from federal student loan debt cancelation. This is just mental gymnastics to make it look like they're not totally contradictory.
MOHELA was not a part of the suit. It did not want to be part of it. Because managing this risky debt is actually a liability to MOHELA. Not a money maker. For example, I dont live in the US anymore. On IBR, my payments are 0$ a month. After 20 years, my debt is forgiven. MOHELA now has to service me for 20 years for free with no income from it. I am a liability to MOHELA. Anyone who defaults is a liability.
So, to recap what I've already said:
- MOHELA isnt part of the Missouri state government
- MOHELA doesn't pay the Missouri state government (though the supreme court acknowledged this and stupidly argue that student loan forgiveness will impede MOHELAs ability to service the students of Missouri lol)
- Any possible losses to Missouri government are indirect
- MOHELA stands to lose from this decision anyway which is why it never wanted to be involved
- Supreme courts standing is bullshit and even contradictory