WEBVTT

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The assassination attempt Glay Travis and Buck
Sexton. Dear God, where's the country

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going? Day? At noon,
I'm fifty five KRC. The talk station's

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AATO five. You're at fifty five
KRCD talk station. Brian temiswishing you a

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very, very happy Friday. Eve. Please to welcome to the fifty five

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KRC Morning Show. Fellow lawyer and
more importantly, director of litigation at the

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Buckeye Institute. You can find them
a line at Buckeyeinstitute dot org. David

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trying to give us an update on
the Supreme Court taking a look at Biden's

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Save Program. Welcome to the program, David. It's a real pleasure to

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have you on today. Well,
thanks for having me. Brian, it's

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great, great to be here.
It's a great day to be an American,

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and so I'm glad to be with
you this morning. I am happy

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to have you, and I was
kind of laughing about this whole idea that,

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you know, it's important to emphasize
it's President Biden's Save Program. This

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isn't the Save Act or law that
was implemented by Congress and signed a law

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by the President. This is something
he sort of pulled from his sphincter whole

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cloth in the form of an executive
order directing the Department of Education to waive

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a student loans. Right, haven't
we been down this road before? Didn't

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the Supreme Court in Biden versus Nebraska
decide six to three that he can't do

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this? And so why are we
even having this conversation, Dave Boy,

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That's a great question. It's the
Save Act, as he's calling it,

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is another dictatorial action by Joe Biden. You know, it reminds me of

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when President Obama said that I have
a pen and a phone, and then

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he issued edicts as though you were
King George, and so Biden's doing the

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same thing. Luckily, we're representative
democracy and president. But Biden cannot do

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that. We have three branches of
government. Biden thinks he's the legislatures,

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was the president, but fortunately have
courts that say you cannot do that.

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The Save Act is another illegal attempt
to forgive student loans. It's basically a

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five votes action. But the Buckchives
who was filed one of the lawsuits successfully

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challenging Biden's last loan forgiveness scheme,
which you reference, and now Biden is

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added again. At this time he's
using a different statute than a new regulation

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issued by the Department of Education to
try and do that. Brian, one

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of the interesting things about this to
me is that the official name of the

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plan is the Revised Pays You Earn
Plan, or abbreviated the Repay Plan for

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short, but so it means repay, not forgive. But then they renamed

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it the Saving Valuable Education Plan because
they realized that the name didn't really fit

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what they were doing. They have
a repayment plan, but it really became

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alone forgiveness scheme. I'm laughing because
we were joking earlier with one of my

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other guests about the Inflation Reduction Act, which it had nothing to do.

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It was the antithesis of what it
was labeled, and it had everything to

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do with a Green New Deal.
So yeah, naming something in order to

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dupe the public is a really common
theme out of our federal government. But

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okay, going back to Buiener Nebraska, and the predicate for that one was

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actually a law that was on the
books, the Heroes Act, which allowed

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for the to modify provision of loan
forgiveness in the event of war or other

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military action or national emergency. And
so the Supreme Court said, no,

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no, no, this does not
authorize you to just sort of unilaterally walk

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away from the obligation of these people
to pay. And it's the if Congress

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wants to give an administration agency power
to make decisions of vast economic and political

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significance, it has to say so
clearly. So you're not going to take

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a law that says you can do
it under this narrowly defined set of circumstances

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and expand it just randomly to literally
everyone. This is not a law again,

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it's the save what do we call
in this program, It's an administers

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it's an executive action, right right, Well, it is a regulation issued

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by the Department of Education. Interestingly, they did not go through the typical

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path of going through the notice and
comment procedure under the Administer Act. Thank

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you, the Administary Procedure Act.
So that's one of the problems why it

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is illegal. There's other reasons as
well, but yeah, so this one

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is based on the Higher Education Act. They said, of the Higher Education

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Act, they can do this,
but Higher Education Act only authorized certain ways

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that loans can be forgiven, and
this is not one of them. So

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it does provide for the Secretary of
Education to extend out loan payments or reduce

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payments. That it does not authorize
loan forgiveness. There's a big difference.

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So when Congress authorized this plan,
shouldn't win. It passed the law,

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it authorized loans, It did not
authorize loan forgiveness. Right, well,

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go ahead. No, the current
status of this program, the forgiveness that's

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going on, is it still in
place or has there been a lower court

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that stated because my understanding, the
Denver Court of Appeals allowed the administration to

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move forward with the program while litigation
was pending as opposed to so it is

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because I noted that the Board and
by the Administration just yesterday told the High

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Court that it should keep in place
the order that allows this program to move

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forward, in other words, not
staying it, but letting the program implemented

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move forward. No stay, because
they argue the borrowers would stand to suffer

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significant and irreparable harm and many would
experience intense confusion. Well, I'm sorry,

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irreparable harm. If you can be
made whole with money, then there

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will be there cannot be any irreparable
harm. This isn't like knocking down a

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historic building. This is whether or
not you're going to pay money or not.

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In courts have concluded, you know, time after time after time,

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that if money can solve the problem, then you won't be suffering a reparable

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harm. The obligation to repay the
loans pre existed, the forgiveness of them

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maybe back in the exact same place
they were if this thing was shot down,

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right, You've got it exactly right. I mean, every one of

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these bar wars signed a promissory note
that they would repay it. Just as

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when you sign your mortgage, or
you sign or you sign a loan to

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buy a car. That's a legal
obligation. It's an obligation which only the

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Congress can forgive. And so to
go back to the status of the case,

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and then I want to circle back
to quot on this issue. But

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the status of the case is the
district court saw that there was irrevable harm

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to the States because they were suing, and so stayed the issued a preliminary

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injunction stopping the program from going forward. The Court of Appeals granted a stay,

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granted the federal government stay of that
preliminary in junction. So they can

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go forward with it. Now.
This is now before the Supreme Court,

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and the States are asking the United
States Supreme Court on an emergency basis to

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be in state that preliminary injunction.
They're asking specifically Justicecore such to do this

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on this emergency motion. And you
can either choose to take astionary can refer

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to the full Court. So we're
expecting that the Court will act on this

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fairly quickly and put the state put
the injunction back in place. Exactly.

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Yeah, that's the outcome I would
expect under the current circumstances. So Okay,

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So that's a sort of a sub
issue beneath the broader topic of your

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A. Meeks brief and the general
ruling on whether or not this is constitutional,

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generally speaking to the program itself,
whether it's constitutional in any way,

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shape or form. Right. So, there's three reasons why it's the illity

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goal. One, it does not
satisfy the Administrative Procedure Act. Second,

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these loans are a counselor CI will
owe to the United States Department of Treasury.

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Joe Biden does not have the authority
to forgive that. That only Congress

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can. It's right there in the
Constitution. It's our first property. Yeah,

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the power of the purse, the
property clause, Article four, Session

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three clause to Biden ignored that the
second constitutional claim or issue is that there's

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the appropriations clause Article one, Section
nine of the Constitution. Congress must appropriate

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money to be spent to be spent. Nobody else can do that the power

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of the purse. And Congress did
appropriate funds for student loans, but for

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loans, not forgiving those loans.
It's something completely different. Just like pell

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grants are grants, that's getting money
away. That's not a loan. Bees

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are loans. One is free money, the other is not. Biden can't

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just convert one to the other.
You know, honestly, it is such

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an obvious effort to buy votes.
If there's everything on top of its head,

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and I just look out of the
landscape, and I know most people

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didn't get a college education. You
know, this is a minority of adults

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in America, and that the guy
that's out there doing roofing work or went

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to the trade school and as an
electrician who didn't bother going down the four

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year college bath is saying I got
to pay taxes for these folks to forgive

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their loans and their obligations. I
mean, I don't know. It seems

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like a stupid thing to do generally
speaking as a political matter, but then

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again, legally speaking, it is
way out of bounds and certainly unconstitutional simply

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based on the fact that it's a
congressional authority that's required under the power of

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the purse. So how long is
it going to be? So they're going

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to deal with the injunction component on
a short order basis, how quickly will

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the Alaska versus us to part of
education case? So we're talking about now

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decided by the Supreme Court. Do
you have any guests to uh to satisfy

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my curiosity in that regard? Well, my guess as to this right now,

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this emergency order that's before the Supreme
Court, I would expect that to

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be resolved with, you know,
within a few weeks, if not sooner.

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So that's my hope. And then
after that, of course, we

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go to go back to the trial
court to actually address all of the issues.

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Actually it's now on appeal. The
substance of the issues aren't appealed before

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the Tenth Circuit Court of Appeals that
already ruled on the initial injunction and excuse

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me, staying the injunction. So
two different issues. But so so the

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case is going to continue to move
forward in the lower courts. That will

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take some time well, going through
the legal challenges that the uh them binding

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administration is facing. And again my
guests today, they've tried and the director

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of Litigation of the Bucket Institute,
uh the where and when Biden implements this

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program and says he's going to stay
all these loan obligations and forgive them.

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Someone runs into court and says,
no, no, no, no,

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no, he can't do this for
all these reasons, and the court issues

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a preliminary injunction. That's what happened. The preliminary injunction in and of itself

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means the lower court judge has decided
that on its face, it looks like

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the people challenging it will prevail on
the merits. There is a likelihood of

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success on the legal merits. They
haven't gotten to them yet, that's the

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part we're talking about. It'll go
back and they'll revisit them. But because

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they stand to win, we're not
going to allow this act or this program

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to move forward, because then we'd
have to unring the bell after they win

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at court, so it stops all
activity from moving forward. If the Supreme

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Court puts the injunction back in place, it too is saying there's a likelihood

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of success on the merits. In
other words, Biden can't do this legally.

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Right, That's exactly right. And
I think it's important to remember.

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You know, the government, federal
government is saying, well, it's going

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to create a feel out. This
if you don't let us go forward,

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is going to create confusion and problems
in chaos. The real chaos results from

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the fact that if you if you
don't stop it. These are loans which

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the government is obligated to collect.
So imagine that you get this letter from

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the government that says your loans are
forgiven, and then great, my loans

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are forgiven us. I can go
spend this money. Then you have to

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get Then the court says, no, no, no, that was illegal.

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You can't do that to the government. Then the government has to send

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out a letter saying, oh,
we said that one hundred thousand dollars loan

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you had was forgiven. We were
wrong. You have to pass now they

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are legally the government is legally obligated
to collect this. So the real chaos

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is if the court does not stop
this from going forward. And can I

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just mention also the cost of this
now unfare this is well one of the

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reasons that violates the administrative procedure because
they didn't take into consideration and didn't disclose.

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They said it was going to cost
one hundred and fifty six billion dollars,

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but really it's probably going to cost
four hundred and fifty six billion dollars,

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so three times as much as they
sat it's going to cost. And

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so think about this as a practical
matter, if you look through the math

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of the the comp somewhat complicated math
formula, if someone has one hundred thousand

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dollars of debt and they pay as
little as under this program, the so

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called repay program, they pay as
little as one hundred and eight dollars a

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month for ten years, then it's
forgiven. That mean direct is forgiven.

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That would mean eighty seven thousand dollars
of that one hundred thousand dollars debt is

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forgiven. Would that be nice if
your mortgage paan could be forgiven that don't

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Dave, don't give them any ideas
they're going to start trying to buy votes

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by telling people that mortgages are going
to be forgiven. Dave try A director

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of litigation the Buckeye Institute. Find
them online at bookmarket Buckyinstitute dot org.

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Thanks for fighting the good fight on
behalf of the American people, Dave,

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and I look forward to having you
back on the program real soon and best

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of look luck in the litigation.
Brian, Thank you so much. Have

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a great date, my pleasure,
my friend coming up in eight twenty if

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you have Kcity Talks station coming up, and I hurt media aviation expert Jay

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Latt Ratloff and strongly suggesting that you
just simply call USA installation older home maybe

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before mid seventies. You don't have
any insulation in your house. USA's premium

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00:14:33.799 --> 00:14:35.320
film, the highest star value foam
on the market. It's going to be

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00:14:35.320 --> 00:14:39.679
a huge benefit to you in terms
of comfortence and energy savings, so much

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00:14:39.720 --> 00:14:43.159
so that yes, our federal government
is going to give you twelve hundred dollars

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00:14:43.159 --> 00:14:46.480
and an energy tax credit when you're
doing your taxes next year for doing what

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00:14:46.639 --> 00:14:50.039
is right at any time, which
is making your life more comfortable and saving

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00:14:50.080 --> 00:14:52.799
you money. Period end of story. On that one. Right, they're

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00:14:52.840 --> 00:14:56.679
going to do your exterior walls.
You pay for that part. They're going

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00:14:56.759 --> 00:15:00.559
to insulate your attic for free.
That is assuming you need the insulation,

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00:15:00.639 --> 00:15:03.480
and a free inspection will determine that
you could have a newer home and they

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00:15:03.480 --> 00:15:07.559
can inspect it and say no,
no, your insulation is fine. Well,

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00:15:07.559 --> 00:15:09.240
I'll give you peace of mind knowing
that it wouldn't help. But like

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00:15:09.240 --> 00:15:13.279
in my daughter's case, are twelve, that's about three four decades old,

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not doing the job. So the
foam win in the exterior walls. Thanks

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00:15:16.759 --> 00:15:20.679
to mom and Dad for that one
little housewarming gift. They're gonna they are

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00:15:20.759 --> 00:15:24.399
enjoying comfort, much improved and energy
savings. Do the same and take advantage

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of that energy tax credit next year
three eight one three six two six five

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one three three eight one Foam online. Learn more at the website USA insulation

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dot net. The Democrats are not
hiding their panic, recording Biden's pathetic performance

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as the Dems panic spreads a total
debaggle and we are in danger. Desperate

209
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times, call for desperate measures,
and campaign chaos ensues if we don't win

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this election. Discountry is done,
but people have to stand up and say

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enough. It's giving us a whole
lot to talk about data field. We're

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gonna take it out of what they
try to do to try fifty five KRC

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VIS Talk station. You have idea
for an