Appeals court
Court blocks Biden’s student loan forgiveness temporarily
A federal appeals court late Friday issued an administrative stay temporarily blocking President Joe Biden’s plan to cancel billions of dollars in federal student loans, throwing the program into limbo just days after people began applying for loan forgiveness.
The Eighth Circuit Court of Appeals issued the stay while it considers a motion from six Republican-led states to block the program. The stay ordered the Biden administration not to act on the program while it considers the appeal.
It’s unclear what the decision means for the 22 million borrowers who already applied for the relief. The Biden administration had promised not to clear any debt before Oct. 23 as it battled the legal challenges, but the soonest it was expected to begin erasing debt was mid-November.
White House Press Secretary Karine Jean-Pierre encouraged borrowers to continue to apply for the relief, saying the court’s temporary order did not prevent applications or the review of applications.
“We will continue to move full speed ahead in our preparations in compliance with this order,” she said in a statement. “And, the Administration will continue to fight Republican officials suing to block our efforts to provide relief to working families.” The crucial question now is whether the issue will be resolved before Jan. 1, when payments on federal student loans are expected to restart after being paused during the pandemic. Millions of Americans were expected to get their debt canceled entirely under Biden’s plan, but they now face uncertainty about whether they will need to start making payments in January.
Biden has said his previous extension of the payment pause would be the final one, but economists worry that many Americans may not have regained financial footing after the upheaval of the pandemic. If borrowers who were expecting debt cancellation are asked to make payments in January, there’s fear that many could fall behind on the bills and default on their loans.
A notice of appeal to the Eighth U.S. Circuit Court of Appeals was filed late Thursday, hours after U.S. District Judge Henry Autrey in St. Louis ruled that since the states of Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina failed to establish standing, “the Court lacks jurisdiction to hear this case.”
Separately, the six states also asked the district court for an injunction prohibiting the administration from implementing the debt cancellation plan until the appeals process plays out.
Nebraska Attorney General Doug Peterson, one of the six attorneys general leading the effort to block the debt relief program, praised the court’s decision.
“We are pleased the temporary stay has been granted,” Peterson said in a statement. “It’s very important that the legal issues involving presidential power be analyzed by the court before transferring over $400 billion in debt to American taxpayers.”
Speaking before Friday’s ruling at Delaware State University, a historically Black university where the majority of students receive federal Pell Grants, Biden touted the number of applicants who have applied for the loan relief in the week since his administration made its online application available.
The plan, announced in August, would cancel $10,000 in student loan debt for those making less than $125,000 or households with less than $250,000 in income. Pell Grant recipients, who typically demonstrate more financial need, will get an additional $10,000 in debt forgiven.
The Congressional Budget Office has said the program will cost about $400 billion over the next three decades. James Campbell, an attorney for the Nebraska attorney general’s office, told Autrey at an Oct. 12 hearing that the administration is acting outside its authorities in a way that will cost states millions of dollars.
The cancellation applies to federal student loans used to attend undergraduate and graduate school, along with Parent Plus loans. Current college students qualify if their loans were disbursed before July 1. The plan makes 43 million borrowers eligible for some debt forgiveness, with 20 million who could get their debt erased entirely, according to the administration.
The announcement immediately became a major political issue ahead of the November midterm elections.
Conservative attorneys, Republican lawmakers and business-oriented groups have asserted that Biden overstepped his authority in taking such sweeping action without the assent of Congress. They called it an unfair government giveaway for relatively affluent people at the expense of taxpayers who didn’t pursue higher education.
Many Democratic lawmakers facing tough reelection contests have distanced themselves from the plan.
Biden on Friday blasted Republicans who have criticized his relief program, saying “their outrage is wrong and it’s hypocritical.” He noted that some Republican officials had debt and pandemic relief loans forgiven.
The six states sued in September. Lawyers for the administration countered that the Department of Education has “broad authority to manage the federal student financial aid programs.” A court filing stated that the 2003 Higher Education Relief Opportunities for Students Act, or HEROES Act, allows the secretary of education to waive or modify terms of federal student loans in times of war or national emergency.
“COVID-19 is such an emergency,” the filing stated.
The HEROES Act was enacted after the Sept. 11, 2001, terrorist attacks to help members of the military. The Justice Department says the law allows Biden to reduce or erase student loan debt during a national emergency. Republicans argue the administration is misinterpreting the law, in part because the pandemic no longer qualifies as a national emergency.
Justice Department attorney Brian Netter told Autrey at the Oct. 12 hearing that fallout from the COVID-19 pandemic is still rippling. He said student loan defaults have skyrocketed over the past 2 1/2 years.
Other lawsuits also have sought to stop the program. Earlier Thursday, Supreme Court Justice Amy Coney Barrett rejected an appeal from a Wisconsin taxpayers group seeking to stop the debt cancellation program.
Barrett, who oversees emergency appeals from Wisconsin and neighboring states, did not comment in turning away the appeal from the Brown County Taxpayers Association. The group wrote in its Supreme Court filing that it needed an emergency order because the administration could begin canceling outstanding student debt as soon as Sunday.
2 years ago
Appeals court decision enables abortions in Arizona to resume
Abortions can take place again in Arizona, at least for now, after an appeals court on Friday blocked enforcement of a pre-statehood law that almost entirely criminalized the procedure.
The three-judge panel of the Arizona Court of Appeals agreed with Planned Parenthood that a judge should not have lifted the decades-old order that prevented the older law from being imposed.
The brief order written by Presiding Judge Peter J. Eckerstrom said Planned Parenthood and its Arizona affiliate had shown they are likely to prevail on an appeal of a decision by the judge in Tucson to allow enforcement of the old law.
Planned Parenthood had argued that the lower court judge should have considered a host of laws restricting abortions passed since the original injunction was put in place following the U.S. Supreme Court’s 1973 decision in Roe v. Wade that said women have a constitutional right to an abortion.
Those laws include a new one blocking abortions after 15 weeks of pregnancy that took effect last month. The previous limit was 24 weeks, the viability standard established by now-overruled U.S. Supreme Court cases.
“Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes,” Eckerstrom wrote, mirroring arguments made by attorneys for Planned Parenthood.
The U.S. Supreme Court overruled Roe in June, and Republican Arizona Attorney General Mark Brnovich then asked that the injunction blocking enforcement of the pre-statehood abortion be lifted. It had been issued in 1973, shortly after Roe was decided. Pima Court Superior Court Judge Kellie Johnson agreed on Sept. 23 and lifted the order two weeks ago.
“Today’s decision provides a desperately needed sense of security for both our patients and providers,” Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, said in a statement. “We can now breathe a sigh of relief and serve patients. While the fight isn’t over, for now, Arizonans will once again be able to make their own decisions about their bodies, health care decisions, and futures.”
Brnovich spokeswoman Brittni Thomason said in a statement that “our office understands this is an emotional issue, and we will carefully review the court’s ruling before determining the next step.”
Republican Gov. Doug Ducey has said the 15-week law he signed in March takes precedence. But his lawyers did not seek to argue that position in court.
Language in the new 15-week ban said it does not repeal the pre-statehood law, and Brnovich and some Republican lawmakers have insisted the old law takes precedence. It contains an exception if the life of the mother is at risk, but not for rape or incest.
Providers across the state stopped abortions after the U.S. Supreme Court decision, but many restarted procedures in mid-summer. That came after a federal judge blocked a separate “personhood” law they worried would allow criminal charges against doctors and nurses. They halted again after Johnson’s ruling.
Planned Parenthood and other abortion rights advocates have repeatedly said that Arizona’s competing abortion laws create confusion for providers and patients.
The appeals court said Planned Parenthood has shown it is likely to prevail on its argument that the trial court erred by limiting its analysis only to the attorney general’s request to lift the 50-year-old injunction and refusing to consider the later laws passed by the Legislature to regulate abortion.
Eckerstrom wrote that a stay is appropriate “given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws. Notably, in the underlying litigation both parties sought some form of such clarification from the court.”
The appeals court set a hearing for next week to consider whether to set an expedited schedule for hearing Planned Parenthood’s full appeal.
Separately this week, a Phoenix doctor and an abortion rights group sued to block the old law, raising similar arguments that Johnson had rejected. In her ruling, Johnson wrote that while there may be legal questions regarding conflicting laws, they were not properly before her.
Some clinics in Arizona have been referring patients to providers in California and New Mexico since Johnson lifted the injunction on the old law. The pre-statehood law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion. Last year, the Legislature repealed a law allowing charges against women who seek abortions.
One Phoenix clinic has come up with a workaround to allow patients who can use abortions pills to get them delivered to the California-Arizona border for pickup. That cuts the time it takes to get abortion pills, which are effective up to 12 weeks gestation, from a two-day trip to one that can be done in a day.
Since Roe was overturned, Arizona and 13 other states have banned abortions at any stage of pregnancy. About 13,000 people in Arizona get an abortion each year, according to Arizona Department of Health Services reports.
2 years ago
Appeals court stays vaccine mandate on larger businesses
A federal appeals court on Saturday temporarily halted the Biden administration’s vaccine requirement for businesses with 100 or more workers.
The 5th U.S. Circuit Court of Appeals granted an emergency stay of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.
Louisiana Attorney General Jeff Landry said the action stops President Joe Biden “from moving forward with his unlawful overreach.”
“The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,” said a statement from Landry, a Republican.
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The U.S. Labor Department’s top legal adviser, Solicitor of Labor Seema Nanda, said the department is “confident in its legal authority to issue the emergency temporary standard on vaccination and testing.”
OSHA has the authority “to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” she said.
A spokesman for the Justice Department, Anthony Coley, said in a statement: “The OSHA emergency temporary standard is a critical tool to keep America’s workplaces safe as we fight our way out of this pandemic. The Justice Department will vigorously defend this rule in court.”
Such circuit decisions normally apply to states within a district — Mississippi, Louisiana and Texas, in this case — but Landry said the language employed by the judges gave the decision a national scope.
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“This is a great victory for the American people out there. Never before has the federal government tried in a such a forceful way to get between the choices of an American citizen and their doctor. To me that’s the heart of the entire issue,” he said.
At least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of President Donald Trump.
The Biden administration has been encouraging widespread vaccinations as the quickest way to end the pandemic that has claimed more than 750,000 lives in the United States.
The administration says it is confident that the requirement, which includes penalties of nearly $14,000 per violation, will withstand legal challenges in part because its safety rules preempt state laws.
The 5th Circuit, based in New Orleans, said it was delaying the federal vaccine requirement because of potential “grave statutory and constitutional issues” raised by the plaintiffs. The government must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners’ reply on Tuesday.
Lawrence Gostin, a professor at Georgetown University Law Center and director of the World Health Organization’s center on global health law, said it was troubling that a federal appeals court would stop or delay safety rules in a health crisis, saying no one has a right to go into a workplace “unmasked, unvaxxed and untested.”
“Unelected judges that have no scientific experience shouldn’t be second-guessing health and safety professionals at OSHA,” he said.
2 years ago
Appeals court approves of $6.7M award to graffiti artists
A federal appeals court in New York gave its approval Thursday to a $6.7 million award for nearly two dozen graffiti artists whose spray paintings at a once-famous site that attracted thousands of spectators were destroyed to make room for high-rise luxury residences.
4 years ago