One of the cases the Supreme Court will decide this term is a lawsuit brought by Republican Attorneys General opposed to cancellation of a portion of student loan debt. Evidently, Indiana isn’t the only Red state with a despicable and arguably dishonest Attorney General, as a Brookings Institution study documents.
The AGs aren’t the only opponents of giving students some fiscal breathing room –the House of Representatives recently voted to repeal the program. But as Brookings researchers write in the linked New York Times essay, the lawsuit brought by six Republican-led states has received inadequate scrutiny.
So we decided to do the fact-checking ourselves. We filed public records requests and reviewed almost a thousand pages of internal financial documents, emails and other communications from the parties in the case, as well as court filings and the transcript of oral arguments at the Supreme Court in February.
We found that the states’ most fundamental justification for bringing the case — that canceling student loans could leave a Missouri-based loan authority unable to meet its financial obligations to the state — is false. As our research shows, and the loan authority’s own documents confirm, even with the new policy in place, its revenues from servicing loans will increase.
That this claim is manufactured–that it is a lie– is important.
Unlike legal systems that permit advisory opinions, in America, if there’s no injury, there’s no right to sue. The legal term is standing, and according to Brookings, the plaintiffs don’t have it. They simply said they did. (With our current Court–a Court that demonstrably privileges litigants with status and power –that may be enough.)
As the researchers note,
The ease with which the state attorneys general were able to make claims that contradict basic facts, void of any rigorous stress testing, is all the more striking when compared with the endless hoops that ordinary people have to jump through to prove their eligibility for financial aid or debt relief. This is what the sociologist Howard Becker calls the “hierarchy of credibility”: Those at the top of the social hierarchy don’t have to prove their claims; they’re just taken for granted. But claims made by those on the bottom are burdened by skepticism and demands for proof. In this instance, that difference may deprive millions of people of much-needed relief….
Compare that with the lengths that normal people must go to in order to prove they are eligible for debt relief. They have to submit mountains of documentation. Their claims are often denied for the most trivial of technicalities — a form filled out with green ink instead of black or blue, an electronic signature instead of an inked one.
Applicants for the older Public Service Loan Forgiveness program have to get paperwork signed from employers they had a decade ago. If a loan servicer transfers the account, the borrower may lose her payment history, and therefore her eligibility for relief. People who attended predatory for-profit colleges have had to submit extensive applications for relief, documenting their schools’ false allegations and misrepresentations. Even the Biden plan required an application.
The linked essay goes into detail, thoroughly debunking the damage claims that support plaintiffs’ standing, and I encourage you to click through and read that analysis. But I want to focus on a different–albeit related–question: what policy position does this dishonesty serve?
To put it another way, why are so many Americans–mostly but not exclusively Republicans–so opposed to relieving student debt?
In the final paragraph of the linked essay, the researchers write that an affirmation of the plaintiff’s claim would
effectively be confirming a fake plaintiff, false facts and an unjust claim. Falsehoods about falsehoods would be a hard way to lose the debt relief the president promised to 43 million Americans and their families. And a Supreme Court that doesn’t scrutinize basic facts would be a further disgrace for a body already plagued by scandal.
I’ve previously noted how punitive today’s GOP has become. Here in Indiana, we’ve seen our Attorney General wage a petty vendetta against a doctor who legally aborted a ten-year-old rape victim. We’ve seen legislators go out of their way to harm trans children and dismiss the very notion that women are entitled to bodily autonomy and effective health care.
Nationally, we’ve witnessed GOP efforts to punish the poorest Americans by curtailing social welfare programs (while protecting the rich against attempts to audit them or–gasp!–make them pay their fair share.)
American lawmakers used to argue about the “how”–what’s the most effective way to help this or that population, or solve this or that problem? But “how” has given way to “why”–why would we want to help the less fortunate?
When did the cruelty become the point?
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