Wanna bet no one complains about a “shadow docket” for the next few days? Facing multiple adverse federal court rulings against Joe Biden’s massively unconstitutional appropriation of hundreds of billions of dollars for his bailout of Academia, Solicitor General Elizabeth Prelogar has asked the Supreme Court to intervene.
As amusing as the attempt itself is, the argument Prelogar uses is even more entertaining:
The Biden administration on Friday asked the Supreme Court to reinstate President Joe Biden’s student loan forgiveness plan, which has been blocked by a federal appeals court.
Solicitor General Elizabeth Prelogar in court papers urged the justices to lift an injunction imposed by the St. Louis-based 8th U.S. Circuit Court of Appeals on Monday. Separately, a federal judge in Texas in a different case has also blocked the plan. The government has also asked the New Orleans-based 5th U.S. Circuit Court of Appeals to lift that injunction.
In the new filing, Prelogar said that the 8th Circuit’s decision “leaves millions of economically vulnerable borrowers in limbo, uncertain about the size of their debt and unable to make financial decisions with an accurate understanding of their future repayment obligations.”
Well, whose fault is that? It’s not the Eighth Circuit’s fault, nor the judiciary’s fault in general. The fault doesn’t lie with the plaintiffs either, who sued to stop Joe Biden from assuming imperial powers by blatantly usurping Congress’ exclusive authority to appropriate funds in this executive order. The cause of the “limbo” and uncertainty is Joe Biden, who promised what he couldn’t deliver and broke the law to do it.
In a very real sense, this resembles a defense for an operator of a Ponzi scheme, who tells a court that he stole from later clients because he didn’t want to leave his earlier clients “in limbo” and “uncertainty.” Joe Biden stole this money in relation to the authorities laid out in the Constitution; he took what was not his and what he had no authority to take.
Now Biden wants the courts to rescue him from the political backlash of the “limbo” and uncertainty he created. And guess who he has to ask, via his Solicitor General? Justice Brett Kavanaugh, who oversees the Eighth Circuit in these types of petitions. Kavanaugh probably doesn’t feel much of a need to bend over backwards for progressives anyway, but the constitutional issues in this case are so clear that lifting an injunction ahead of a trial on the merits would make little sense anyway, apart from the technical concerns over standing. It would be much easier for the Supreme Court to let the injunction stay in place while lower courts chew over the standing issue, since the irreparable harm to the constitutional order clearly far outweighs the supposed harm of forcing people to pay off their existing loans as they agreed to do in the first place. (One does have to wonder whether Kavanaugh might prefer to refer it to the whole court and get a broader rebuke to this petition, though.)
But even in the unlikely event that Kavanaugh lifted the injunction on the basis that Biden’s cooked political goose somehow trumps the Constitution, it won’t have any effect. That’s because a federal judge vacated the whole program a week ago as grossly unconstitutional after deciding to go directly to the merits of the complaint. The Biden administration filed an appeal to the Fifth Circuit on that ruling, but that likely won’t go far either, given that court’s track record of rebuking the abuse of executive orders in the past.
This looks like a lame attempt to salvage Biden’s political position by claiming a second-degree victimhood that his own arrogance created. Let me offer Biden and his team a little encouragement … and a prediction.
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