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About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. To recap: Mr. Trump is accused in the case of falsifying business records. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and only federal prosecutors had jurisdiction over that filing.
Persons: Alvin Bragg, Donald Trump, , Trump, Bragg Organizations: Federal, Commission Locations: Manhattan
Supporters of student debt forgiveness demonstrate outside the US Supreme Court on June 30, 2023, in Washington, DC. Olivier Douliery | AFP | Getty Images"Under the Secretary's plan, roughly half of all federal borrowers would have their loans completely discharged," Roberts wrote. How student loan forgiveness got to the Supreme CourtSupreme Court justices listen to arguments. watch nowTwo of those legal challenges made it to the Supreme Court: one brought by six GOP-led states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — and another backed by the Job Creators Network Foundation, a conservative advocacy organization. While the justices' decision largely matched the predictions of many legal experts, some saw it going another way, especially after the Supreme Court heard oral arguments for the two challenges to the president's plan at the end of February.
Persons: Olivier Douliery, Roberts, Persis Yu, who'd, Biden, Bill Hennessey, he'd, Grant, overreach, Jed Shugerman, Elizabeth Prelogar Organizations: AFP, Getty, U.S . Department of Education, Consumer, Student, Protection, Supreme, U.S . Department of Justice, Heroes, Republican, GOP, South Carolina —, Job, Network Foundation Locations: Washington ,, Missouri, delinquencies, U.S, — Nebraska , Missouri , Arkansas , Iowa , Kansas, South Carolina, Fordham
Administration officials insist that he's acting within the law, pointing out that the Heroes Act of 2003 grants the U.S. secretary of education the authority to make changes to the federal student loan system during national emergencies. The need to prove so-called legal standing is designed to prevent people from suing against different policies and programs simply because they disagree with them. Meanwhile, the complaint by the Job Creators Network Foundation centers on two student loan borrowers who would be partially or fully excluded from the aid. "Barrett was vocally and deeply uncomfortable about ruling that any of the plaintiffs had standing," Shugerman said. At least one or two other conservative justices also seemed conflicted over the question of standing, Shugerman said, adding more reason to why the deliberation is taking time.
Persons: Biden, Schwinn, they'd, Barrett, Jed Shugerman, Amy Coney Barrett, Shugerman Organizations: Washington Post, The Washington Post, Getty, Administration, GOP, South Carolina —, Job, Network Foundation, Network, Fordham University, Boston University Locations: — Arkansas, Iowa , Kansas , Missouri , Nebraska, South Carolina
For a number of reasons, Dan Urman, a law professor at Northeastern University, also predicts that student loan forgiveness won't survive the Supreme Court. Striking down forgiveness will add to growing skepticism that the conservative justices vote for conservatives, and the liberal justices vote for liberals. Dan Urman law professor at Northeastern UniversitySuch a politically fueled decision, however, is likely to further damage the public's perception of the judicial branch, Urman said. "Striking down forgiveness will add to growing skepticism that the conservative justices vote for conservatives, and the liberal justices vote for liberals," Urman said. Fordham law professor Jed Shugerman had tweeted after the February arguments that he was "struck by SG Elizabeth Prelogar's brilliant performance."
Persons: Douglas Rissing, Biden, Gregory Caldeira, wouldn't, Caldeira, Dan Urman, Urman, Elizabeth Prelogar, Jed Shugerman, SG Elizabeth Prelogar's, Shugerman, What's Organizations: U.S, Supreme, Istock, Getty, Republican, Ohio State University, CNBC, Northeastern University, Gallup, Fordham
The fate of the Biden administration's sweeping plan to cancel $400 billion in student loan debt for tens of millions of Americans may hinge on the newest conservative member of the Supreme Court: Justice Amy Coney Barrett. Barrett was the conservative justice who seemed the most unconvinced by the plaintiffs challenging student loan forgiveness, said Jed Shugerman, a law professor at Fordham University. Specifically, Shugerman said, Barrett didn't seem to agree that they'd proven they have standing to sue. "Barrett was vocally and deeply uncomfortable about ruling that any of the plaintiffs had standing," Shugerman said. More from Personal Finance:Why Social Security retirement age, payroll tax may changeExperts argue Social Security retirement age shouldn't pass 67Return on waiting to claim Social Security is 'huge'As a rule, plaintiffs must prove that a policy would cause them injury in order to challenge it in the courts.
The government's top Supreme Court lawyer may have saved President Joe Biden's $400 billion student loan forgiveness plan from what experts considered all-but-certain defeat. Experts lobbed praise on Solicitor General Elizabeth Prelogar, the lawyer who represented the Biden administration in front of the nine justices on Tuesday. "The Biden administration now seems more likely than not to win the cases," said higher education expert Mark Kantrowitz. University of Chicago Illinois Law Professor Steven Schwinn agreed: "Prelogar knocked it out of the park." On Wednesday, Fordham Law professor Jed Shugerman tweeted that he remains "struck by SG Elizabeth Prelogar's brilliant performance."
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