[美대법원-바이든 정부 충돌]
“Progress without Congressional approval” government defeat decision, Biden “misinterpretation… Indemnification will be done” Supreme Court invalidates the moratorium on eviction of tenants “Conservative superiority Supreme Court, politically biased ruling”… “Passing the Congress and checking the power of the administration” is divided
The U.S. Supreme Court made a ruling that invalidated President Joe Biden’s key presidential campaign promise, the policy of ‘student loan relief’. This is considered the fourth case in which the Supreme Court reversed major policies of the Biden administration, following △the postponement of tenant eviction △mandatory vaccination against the new coronavirus infection (Corona 19) △regulation of greenhouse gas emissions. The Federal Supreme Court has recently issued a series of blockbuster-class rulings, not only invalidating President Biden’s executive order, but also banning abortion and abolishing the preferential policy for minorities in college admissions, which has been a long-cherished wish of US conservatives. During the Donald Trump administration, the U.S. Supreme Court, which was reorganized into a conservative advantage of 6 conservatives versus 3 progressives, abused its judicial power by making a politically biased ruling, or checked the executive powers that “passed” Congress in policy promotion. The first half is heading towards conflict.
● Biden’s “Supreme Court misinterpretation of the Constitution” protests
Student loan relief was a promise of President Biden’s 2020 presidential election. He initially announced that he would promote it as a bill while he was a presidential candidate, but after his inauguration, the National Assembly fell into a deadlock between the ruling and opposition parties over this policy. As prices soared in 2022 and President Biden’s approval rating seldom rose, the ruling Democratic Party grew a sense of crisis that it could lose the midterm elections in November of the same year.
Accordingly, in August 2022, President Biden suddenly announced an executive order waiving student loan debt of up to $20,000 (about 26 million won) for households with an annual income of less than $125,000 ($250,000 for a married couple). It is expected to cost about 43 million students a budget of 430 billion dollars (about 567.17 trillion won), and it has also been criticized as the ‘most expensive administrative order’.
In response to the lawsuit filed by six conservative states, including Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina, the U.S. Supreme Court ruled on the 30th of last month (local time) by a 6 to 3 decision that the government lost the decision, saying, “It is wrong to promote without Congressional approval.” got off As a result, confusion among students, such as the 26 million who have already applied for loan exemption, is expected to continue.
President Biden, who suffered political internal injuries ahead of next year’s presidential election, said in an emergency speech to the public that day, “The Supreme Court misinterpreted the Constitution.” He also emphasized that he would “use all means to achieve student loan forgiveness.”
● “Breaking the passing of Congress” vs. “The court is overdoing it”
The Wall Street Journal (WSJ) reported that it was the fourth time that the conservative Supreme Court put a brake on the Biden administration’s bold policy. Earlier in 2021, the “deferred tenant eviction” policy, which allows those who lost their jobs due to the spread of Corona 19 to suspend eviction even if they cannot pay rent, was nullified due to opposition from the Supreme Court. The Biden administration took over the policies of the previous administration. The following year, the mandatory Corona 19 vaccine and greenhouse gas regulation policies were all caught up in court.
The logic behind the Supreme Court’s overturning of the Biden administration’s policy boils down to one. It is “abuse of executive power” for the federal government to spend huge amounts of money or push through policies that greatly affect people’s lives without Congressional approval.
In this student loan relief policy, Supreme Court Chief Justice John Roberts said in the majority opinion, “The ‘Higher Education Relief Opportunities Act’ allows existing statutes or regulatory provisions to be modified, not to rewrite the law itself from scratch.” “Any matter requiring a huge budget requires congressional approval,” it ruled.
In the ruling, Supreme Court Chief Roberts said in July 2021, House Speaker Nancy Pelosi, a Democrat, said, “The president does not have the power to cancel debts, only defer payments. He even directly quoted the statement, saying, “For forgiveness requires congressional approval.”
On the other hand, three Supreme Court justices, including liberals Elina Kagan, Courtanji Brown Jackson, and Sonia Sotomayor, said in their minority opinion, “It is not the White House that is abusing its power, but the courts.” If you don’t want this (forgiveness), there are things voters and Congress can do.” “The courts eventually became the arbiter of federal student loan issues,” he added.
New York = Correspondent Kim Hyun-soo kimhs@donga.com
Reporter Dabin Yoon empty@donga.com
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2023-07-02 18:00:00
