Re:Defrauded students to receive loan forgiveness
by dragonwriter on Friday March 19, 2021 @07:55PM
(#26519360)
> Im not sure who's right here, you said there was a law to adjudicate student forgiveness, but the article states that congress never passed any rule reversing executive action on the matter.
The executive action didn't technically erase the legal process, it just created administrative barriers to recovery and limited the amount of recovery to less than the full amount at issue even where all the hoops it erected were jumped through.
That borrower defense to repayment is an existing legal process has never been in dispute.
> So, if executive action by trump's cabinet was responsible for eliminating the existing process
It was not, the process wasn't eliminated it was just made less effective.
So, if executive action by trump's cabinet was responsible for eliminating the existing process, it follows that prior executive process brought forgiveness to life previously.
A process is not a law.
My point is that we already have laws to adjudicate tort / fraud claims.
We don't need another (based on no law) to have unelected political operators to choose which fraud claims are to be heard, and which will not.
Equality is under the law. Not under process.