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EDITORIAL: Biden refuses to respect limits on his power to forgive student loans

If President Joe Biden respected the separation of powers concept, he wouldn’t keep pushing student loan forgiveness.

On Monday, Mr. Biden attacked the Supreme Court for ruling that presidents have immunity for official actions. The ruling is likely to prevent Donald Trump from going to trial again before the November election. “I know I will respect the limits of presidential power as I have for three-and-a-half years, but any president, including Donald Trump, will now be free to ignore the law,” Mr. Biden said.

That’s laughable to anyone who is familiar with Mr. Biden’s repeated efforts to forgive student loans. Or more accurately, his efforts to transfer the burden of those loans from the individuals who received them to the taxpayer.

In June 2023, the Supreme Court ruled that Mr. Biden’s far-reaching student loan forgiveness scheme was unconstitutional. The Constitution authorizes the president to carry out policies enacted by Congress, not to create new ones. If he could act unilaterally without the authority of Congress, it would significantly weaken our system of government.

But Mr. Biden didn’t listen. He’s gone on to announce various smaller rounds of student debt relief. That included the Saving on a Valuable Education, or SAVE plan, announced in August. That program significantly reduced borrowers’ payments and put many on the path to loan forgiveness. In all, Mr. Biden has attempted to wipe away more than $140 billion in debt.

“The Supreme Court blocked it,” Mr. Biden said in February, referring to his original student loan forgiveness plan, “but that didn’t stop me.”

So much for respecting the limits of presidential power. Imagine the progressive hand-wringing if Mr. Trump essentially tried to use executive orders to ignore decisions issued by the Supreme Court.

Last month, a pair of federal courts ruled against major portions of the SAVE program. After those decisions, the Department of Education then announced it was freezing loan payments for 3 million borrowers. It said it needed several weeks to adjust its system. It also said it would take paper applications for the program. The government would then suspend monthly payments and interest for those who applied. It’s another end-run around the courts.

The 10th Circuit Court of Appeals then gave the Biden administration a lifeline. It said the government could reduce payments this month. Given the Supreme Court’s previous ruling, however, that’s likely to be only temporary.

The faux outrage from Democrats over Mr. Trump imposing a dictatorship if re-elected would be more convincing if they expressed similar concerns about Mr. Biden’s repeated efforts to avoid complying with Congress and the Supreme Court on student loan forgiveness.

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