Thursday, July 6, 2023

Student loan debt relief: Who’s to blame? Slate interviews Jed Shugerman


Slate interviews my former colleague Jed Shugerman who after eight years commuting to Fordham, caught a break and got to move to BU which is where his wife and kids are.
So in an amicus brief Jed sided with the Republicans and opposed the Biden student loan debt relief plan.
And the Supreme Court piled on and killed it.  Even though the statute on which Biden and the Department of Education relied says in plain text that the Secretary has the power to do that.
Shugerman argued that the administration overreached, that its citation of the pandemic emergency was not in good faith,  that it was a pretext to keep a campaign promise. So demonstrating his independence he filed an brief with Duane Morris as counsel of record.  
Shugerman's justification is that he backs a different legal approach: rule-making under the Higher Education Act of 1965 - a protracted process, to be sure.  Where do you come down on this debate?


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