If and when the first indictment of Donald J. Trump drops I will be here ready to describe, explain and analyze.

https://jentaub.substack.c...

Know her name: Leta McCullough Seletzky

Here we go!

https://jentaub.substack.c...

💯 Don't miss my intimate conversation with
hmcghee
on the new young reader's edition of her best-seller THE SUM OF US.

It's all here.

We even cover her writing home away from home: a neighborhood bar called Peaches Shrimp and Crab.

https://podcasts.apple.com...

Merry Christmas!

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Here we go again—bank failures followed by government bailouts. So many of us said this would happen, and it did. We told Congress to resist the siren call of Silicon Valley and Wall Street, but they didn’t. And now, here we are.

I wrote this opinion for the Washington Monthly, who has graciously

"Here we go again—bank failures followed by government bailouts. So many of us said this would happen, and it did. We told Congress to resist the siren call of Silicon Valley and Wall Street, but they didn’t."

https://washingtonmonthly....

The best way to explain what went down on Tuesday at SCOTUS is by asking and answering some questions

We can move together from the basic background of the Biden debt cancellation program to the specifics of the legal arguments

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💯Are you ready? It’s really happening. In just fifty-five days. For the first time, ever, Donald Trump will be forced to defend himself in a court of law.

Yes. Really. 55 Days till Jury Selection in the E. Jean Carroll Case

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Now she turns to stakes Millions of student loan borrowers have benefited from forbearnce. 16 million people have been approved ot receive relief (out of 26 million who have applied). 90 percent of the borrowers make less than $75,000 per year. When they are forced to repay they will sufffer

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Prologer said the other side should have explained how they could do this under the HEA when this was a pandemic relief program and the HEROES Act was a perfect fit.

Also, standing....not going to repeat that

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Attorney says they didn't want notice and comment process because it's a long process.

Justice Sotomayor said but this was an emergency.

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Justice asks you are striking down this program, so then would you expect the Secretary of Education to use another statute, the HEA (which gives notice and standing), is that the theory?

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One client has $17,000 and one has $35,000 in debt. One of them has private debt that does not qualify though.

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Sotomayor said you are fighting Congress on this as the HEROES Act says no negotiated rulemaking and notice and comment process.

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Seems very speculative, even the conservative justices.

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Attorney for students claims he wants to stop in and claims proper process could give clients more. Somehow he contends that through notice and comment process he could get more for that client who had gotten only $10,000.

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Sotomayor says "I am a loss for how you have standing." She is speaking to the attorney representing the two students.

The student who wants something and the student who gets $10,000 not $20,000, but would get nothing if the program is struck down.

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Oh, yes. Justice Jackson is on point.

Wouldn't fairness argument apply whenever the government provides much needed assistance? Gov't provide relief to business owners. Isn't that unfair to people who don't own businesses?

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Good. "There's inherent unfairness in society" as Sotomayor and in this case it's what the law protects.

And Kagan said Congress made a choice to allow for loan forgiveness for college not for lawn businesses....

(But actually the PPP plan did allow....etc)

68/

I brought the receipts.

See. e.g. https://www.reuters.com/bu...

67/

The fairness arguments are so disingenuous.

Also it's NOT true in all cases that college graduates earn more than people who don't go to college. Reality is that Black Americans with college degrees earn less than white Americans with high school degrees only.

Preloger should say that.

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SG Preloger said forbearance doesn't fix the underlying harm of the pandemic and the emergency. Additional relief required not because of but in sprite of forbearance.

Also multiple economic factors are at play. The Secretary made requisite finding that these harms result Covid

65/

Now Justice Sotomayor is asking about the merits. Several questions. The first about forbearance. Did this cause harm to borrowers and result in more likely default? How does Covid affect these borrowers?

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The Court spent awhile a bit off topic discussing a topic with Solicitor General Elizabeth Preloger about universal vacutur

63/

I've been quietly listening (without typing here) to the second case. This one was brought by two individual borrowers.

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For clarification Nebraska, Iowa, Kansas, and South Carolina – argue they have standing because the law forgiveness program will reduce their tax revenues.

And Missouri argues it has standing because it created and controls the Missouri Higher Education Loan Authority (MOHELA)

61/

Justice Jackson says if these is a big policy question, the judiciary is part of the same separation of powers dynamic so we do have to be concerned with jumping into the political fray.

That's why she's focused on the ordinary standing rule. Doesn't cover you. Aren't you asking for extra

60

What does the word "waive" mean says Kavanaugh.
Why not read that as written?

59/