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Biden’s student loan handout will ‘go down in flames’ if case reaches Supreme Court, experts say

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Legal challenges to President Biden’s massive student loan handout are likely to head to the Supreme Court, which will take down the administration’s unconstitutional plan, experts tell Fox News Digital.

Biden’s plan, which aims to cancel up to $20,000 in student loan debt for Pell Grant recipients in college and up to $10,000 for others who borrowed using federal student loans, is set to cost taxpayers over $400 billion. Since the administration’s announcement, a handful of legal challenges have been filed in courts across the nation, as states and advocacy groups work to halt Biden’s plan.

Carrie Severino, president of the Judicial Crisis Network, told Fox News Digital that challenges to the president’s student loan handout is a case the Supreme Court “ought” to take up.

BIDEN’S STUDENT LOAN HANDOUT STRUCK DOWN BY FEDERAL JUDGE IN TEXAS

Since the administration's announcement, a handful of legal challenges have been filed in courts across the nation as states and advocacy groups work to halt President Biden's plan.

Since the administration’s announcement, a handful of legal challenges have been filed in courts across the nation as states and advocacy groups work to halt President Biden’s plan.
(Ting Shen/Bloomberg via Getty Images)

“This is a classic area that the court has been looking at a lot lately, in part because we have seen administrations like the Biden administration that are reaching beyond their authority,” Severino said.

“So the way that this is being done is exactly the type of behavior that the court has had to smack down on several occasions,” she continued, citing the eviction moratorium and nationwide COVID-19 vaccine mandates as examples where the Supreme Court intervened and struck down administration policies. “The student loan forgiveness is the same kind of thing.”

“By the president’s own admission, the COVID crisis is over. And yet now we’re suddenly declaring a state of emergency to achieve one of his goals, which is simply a policy goal,” she said, noting that in order to constitutionally achieve his goal he would have to go through Congress. “He knows he doesn’t have the support of the legislature. So it’s just ‘whatever I can do to get around that.’ And the court has been our backstop, or constitutional policing of those boundaries. And so I think that’s hopefully something the court will step into to police here as well.”

STUDENT LOAN HANDOUT: NEW LAWSUIT SAYS BIDEN DIDN’T FOLLOW ADMINISTRATIVE PROCEDURES

Missouri led Arkansas, Iowa, Kansas, Nebraska and South Carolina in filing a lawsuit to challenge the program, claiming that the Department of Education lacks the authority to cancel debt to this degree.

President Biden's student loan handout plan would cost taxpayers more than $400 billion.

President Biden’s student loan handout plan would cost taxpayers more than $400 billion.
(Al Drago/Bloomberg via Getty Images)

O.H. Skinner, executive director of the Alliance for Consumers, told Fox News Digital that he believes the case led by Missouri has the strongest chance of knocking down Biden’s plan.

“I think that this is the only ticket in my mind. I don’t think there is another viable to take down the student loan bailout provision. And I think they have a really strong argument, and their argument is strong enough to take it to the Supreme Court. And I think if the Supreme Court takes it, then it’s going to go down in flames,” Skinner said.

“And so I think this is an example where without the states pushing, I don’t think this happens. But because you have strong, principled, conservative state [attorneys general] pushing for the rule of law, you’re going to see a big win for the rule of law here at some point in the next 18 months,” Skinner continued.

A federal judge in Texas struck down President Biden's student loan handout in a Thursday night ruling.

A federal judge in Texas struck down President Biden’s student loan handout in a Thursday night ruling.
(Nathan Howard/Getty Images)

WHITE HOUSE TEASES STUDENT LOAN HANDOUT APPLICATION FORM

A federal judge in Texas struck down President Biden’s student loan handout in a Thursday night ruling in a case brought by the Job Creators Network Foundation. The suit, filed in the U.S. District Court for the Northern District of Texas, argues that the plaintiffs were denied due process under the Administrative Procedure Act to object to the move during a comment period.

“Whether the Program constitutes good public policy is not the role of this Court to determine. Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the 
United States,” United States District Judge Mark Pittman wrote Thursday.

The Department of Justice said Friday that it will appeal the decision.

Source: https://www.foxnews.com/politics/bidens-student-loan-handout-will-go-down-flames-case-reaches-supreme-court-experts-say

Politics

West Virginia House passes bill expanding advocate’s authority

West Virginia’s House of Delegates unanimously passed a bill Wednesday to expand the authority of the state foster care advocate to investigate allegations of abuse and neglect.

Before the 100-member House voted in unison in favor, Deputy House Speaker Republican Matthew Rohrbach said the bill is “really going to help to make this system accountable, which I think is something that everybody in here wants.”

Foster Care Ombudsman Pamela Woodman-Kaehler’s office is located within the Department of Health and Human Resources’ Office of Inspector General. But she works independently as an advocate for foster children and parents, investigating complaints and collecting data about the state’s foster care system.

Her position was created in 2019 when the number of children under state foster care had swelled to about 6,900, up more than 60% from 2015, as the state continued to be ravaged by the national opioid crisis.

WEST VIRGINIA ADVANCES PUBLIC SCHOOL MANDATE ON ‘IN GOD WE TRUST’

She is a former child protective services worker in Harrison County and was the state coordinator for a federally-mandated review panel of the state’s Bureau of Children and Families.

The bill advanced to the Senate Wednesday specifies that Woodman-Kaehler’s office has the authority to investigate deaths, abuse and neglect involving children in the juvenile justice system.

The West Virginia House OKs a bill expanding the states foster care advocates authority. This bill will investigate abuse and neglect allegations.

The West Virginia House OKs a bill expanding the states foster care advocates authority. This bill will investigate abuse and neglect allegations.

The bill also would protect the identities of people providing confidential information during investigations, prohibiting the ombudsman and her staff from being required to disclose information about investigations or identify informants in judicial or administrative proceedings. It makes all memoranda, work product, notes and case files developed and maintained as part of an official investigation confidential, and not subject to discovery, subpoena or other means of legal compulsion.

Woodman-Kaehler told a House Health and Human Resources Committee meeting that the bill would help build trust between her and people reporting abuse and neglect, and encourage more people to come forward with information during sensitive investigations.

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“This frees up the ombudsman to give them much more control,” Rohrbach said Wednesday.

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Indiana Gov. Holcomb’s public health expansion passes legislative panel

The Indiana governor’s proposal for a broad expansion of county-level public health programs won its first endorsement from state legislators on Wednesday.

The state Senate’s health committee voted 12-0 in support of a bill laying out the responsibilities that local health departments would have if county officials accept a major increase in state funding being sought by Republican Gov. Eric Holcomb.

State Health Commissioner Dr. Kristina Box, several medical organizations and business groups urged lawmakers to support the plan, pointing to Indiana’s poor national rankings in areas such as smoking, obesity and life expectancy.

BIDEN ADMINISTRATION EXTENDS COVID-19 PUBLIC HEALTH EMERGENCY YET AGAIN

The governor’s plan would direct $100 million in the next state budget year and $200 million in the following year toward boosting Indiana’s county public health department funding from its 45th-place national ranking. The state now directs about $7 million a year to county health departments, which are primarily funded by local taxes.

While county officials would have the option of accepting the money and expanding services, some opponents with grievances over government-ordered COVID-19 precautions told the committee they feared the plan would result in the state health department gaining more authority.

The bill approved by the committee would establish “core public health services” to be provide by county departments. Those would include access to required childhood vaccinations, emergency preparedness, restaurant and sewage system inspections, communicable disease prevention and smoking cessation programs.

Indiana State Health Commissioner Dr. Kristina Box speaks alongside Gov. Eric Holcomb on the proposed expansion of the state's public health infrastructure

Indiana State Health Commissioner Dr. Kristina Box speaks alongside Gov. Eric Holcomb on the proposed expansion of the state’s public health infrastructure
(AP Photo /Tom Davies)

A commission appointed by Holcomb found that all but about six of Indiana’s 92 counties are spending less than half the national median per person on public health efforts.

“Where you live in Indiana currently determines whether your local health department can provide you the full range of public health services,” Box told the committee.

Leaders of the Republican-dominated Legislature have generally supported Holcomb’s proposal but have not committed to granting his full funding request. Lawmakers might not make that decision until a new state budget plan is completed in April.

Statewide organizations representing county officials told the committee Wednesday they believed local leaders would keep control by deciding whether to opt into the expansion program or maintain state funding levels.

Some county leaders, however, said they believed the expansion would eventually lead to state control of local health departments.

INDIANA AG FIGHTS COVID-19 MISINFORMATION, POINTS FINGER AT GOVERNMENT HEALTH AGENCIES

“I would prefer the state to provide grants on a topic-by-topic basis with local control on whether to accept the grant or not and how we handle that guidance, not mandates, from the state after the COVID destructive mandates,” said Brad Rogers, a Republican county commissioner from northern Indiana’s Elkhart County.

Senators cited concerns about long-term health problems across the state, while plan opponents who spoke focused on issues such as complaints over federal approval of COVID-19 vaccines and Holcomb’s executive orders early in the pandemic for business closures and a face mask mandate. One opponent argued the plan would lead to what he called more government “tyranny.”

Similar grievances were aired to Indiana lawmakers as they debated a proposal last year that failed to win passage aiming to severely limit the COVID-19 vaccine requirements that businesses could impose on employees.

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“We have high infant mortality rates,” Republican Sen. Vaneta Becker of Evansville said as she voted in favor of the health plan Wednesday. “We have high obesity, lots of health issues in the state that need to be addressed.”

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President Biden’s physical delayed due to travel schedule, White House says

President Biden will receive a physical examination on Feb. 16 after weeks of delays that a spokesperson attributed to a “busy and evolving travel schedule in recent weeks.”

Biden, the oldest president in history, is expected to announce his bid for re-election in the coming weeks. He would be 86-years-old by the end of his second term.

White House press secretary Karine Jean-Pierre faced a series of questions on Biden’s physical in the new year and promised a shared report by the end of January.

BIDEN GRABS NBC REPORTER’S HAND AS HE STEPS UNDERNEATH HER UMBRELLA TO ANSWER HER QUESTION

President Biden will receive a physical on Feb. 16 after broken promises from the White House to have one conducted by the end of the past two months.

President Biden will receive a physical on Feb. 16 after broken promises from the White House to have one conducted by the end of the past two months.
(Screenshot/Twitter)

“He will have one before the — by the time the end of this month is out,” Jean-Pierre said in January. “We will share the information. We will have more to share about that before the month is over.”

This followed a promise from Biden himself in November to have a physical conducted by the end of December.

“I’ve gotten my — I will get — part of my physical is already done, and I’ll be getting it before the end of the year,” Biden said.

BIDEN’S FINAL WEEK OF CAMPAIGNING PLAGUED WITH GAFFES: ‘WHAT’S HIS NAME?’

The White House said President Biden's delayed physical is due to his busy travel schedule.

The White House said President Biden’s delayed physical is due to his busy travel schedule.
(Getty Images)

While the White House said the delay is due to his travel schedule in January, Biden spent time at his Delaware properties every weekend that month — 13 days in total. Other travel included Mexico for a summit, then trips to Kentucky, Georgia, Maryland, Virginia, California and New York to tout his policy agenda.

BIDEN DAILY GAFFE AVERAGE: THE PRESIDENT IS BATTING NEARLY A THOUSAND

President Biden last had a physical in November 2021.

President Biden last had a physical in November 2021.
(Shawn Thew/EPA/Bloomberg via Getty Images)

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Speculations on Biden‘s health follow the delayed physical, consistent mental gaffes and an eight-hour stay at Walter Reed National Military Medical Center in January as first lady Jill Biden had two cancerous skin lesions removed. The president’s last physical was reported in November 2021 and detailed his prescriptions for high blood pressure and blood thinner treatments.

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