Showing posts with label litigation against Trump. Show all posts
Showing posts with label litigation against Trump. Show all posts

Tuesday, July 15, 2025

Bankruptcy Relief for Overburdened Student-Loan Debtors: The Democrats Could Be Heroes

The Democrats are in a funk. Donald Trump beat Kamala Harris handily last November despite being outspent 2 to 1. Then Trump affirmed all his cabinet nominations, even RFK Jr., which was a miracle. And finally, the President got the Big, Beautiful Bill through Congress by his arbitrary deadline--July 4th.

Democrats have responded to their reversal of fortune by returning to their three standard tactics: First, they've filed hundreds of lawsuits against the Trump administration before friendly judges. Second, some elected Democratic politicians have contrived to get restrained or arrested for impeding Trump's deportation actions--great photo ops! 

 Finally, several Democratic politicians have unleashed a torrent of profanity. In fact, Congresswoman Jasmine Crockett's status as the queen of gutter language is being challenged by several of her colleagues.

None of these tactics has increased the standing of the Democratic Party with American voters. Why not do something constructive?

I propose that Democrats engage with Republicans in a bipartisan effort to give bankruptcy relief to overburdened student-loan debtors. Our elected politicians need to acknowledge that the federal student loan program is an epic disaster that can't be fixed by income-based repayment plans or economic hardship deferrals. 

Distressed student borrowers need to be able to discharge their loans in bankruptcy like any other consumer debt. Currently, they are barred from relief by the "undue hardship" language in the Bankruptcy Code.

Not right away, of course. No one should obtain a lucrative undergraduate or professional degree and file for bankruptcy the next day.

No, every student-loan debtor should strive to pay off their college loans within ten years. Borrowers who are insolvent at the end of that period should be able to shed their debt in a federal bankruptcy court. And the same relief should be available to parents who took out Parent PLUS loans.

In other words, no more economic hardship deferments or income-based repayment plans. Instead, all student borrowers will be expected to pay off their college debt by the end of a decade. Those who fail to do so can walk over to the bankruptcy court and get relief.

Why hasn't Congress enacted this simple reform to the Bankruptcy Code? The explanation is simple.

Our elected politicians see the higher education industry as their most important constituency--not the millions of college students forced to take out burdensome loans to pay their outrageous tuition bills.

The colleges are okay with the status quo. They get juiced with federal student loan money year after year, regardless of whether their graduates can pay off the debt. 

If beaten-down student borrowers had access to the bankruptcy courts, millions would file for relief. Then, Americans would see just how much a college education is overpriced and how worthless those cheesy liberal arts and humanities degrees really are.

And, if the Democrats took the lead in getting bankruptcy relief for college borrowers, they would be heroes, instead of a bunch of bums, which is how they're perceived now.







Monday, March 4, 2024

Wasted Days and Wasted Nights: The Supreme Court Stops Legal Efforts to Keep Trump Off the Presidential Ballot

The US Supreme Court released its opinion today, striking down the Colorado Supreme Court's ruling that Donald Trump is ineligible to run for President because he participated in an insurrection. Lawsuits had been filed in more than 30 states, and plaintiffs argued that Trump was not eligible to run for reelection under Section 3 of the of the US Constitution's 14th Amendment. Most state courts rejected this argument, but Trump was kicked off the ballot in Colorado, Illinois, and Maine.

Thankfully, the Supreme Court's opinion was unanimous. Whether conservative or liberal, all nine justices concluded that the states do not have the authority to remove Trump from the ballot,

To borrow a line from Freddie Fender, all this litigation was wasted days and wasted nights. How much time, money, and energy were squandered on legal tactics to defeat Trump in the courtroom rather than the ballot box? Wouldn't the Democrats have been better off to have focused their efforts on finding a strong candidate to compete against Trump for the presidency? Now, the Democrats are stuck with Joe Biden, even though most voters believe he is too old to run for reelection.

Nikki Haley made a valiant effort to defeat Trump in the Republican primaries, but Trump has beaten her decisively in almost every primary. Haley won the Republican primary race in the District of Columbia, but only 2000 people voted in that election, which took place in a town overwhelmingly full of registered Democrats.

Some commentators believe the Democrats will persuade Joe Biden to withdraw his candidacy for reelection and substitute someone to take Biden's place before the Democratic Convention this summer—perhaps Gavin Newsom, possibly Michelle Obama. If that's the plan, the Dems need to announce their substitution soon because the election is less than ten months away.

Regardless of whether Biden or a substitute is the Democratic nominee for the November election, I think Donald Trump will win. A majority of Americans are alarmed about our nation's open border, and voters are frightened by the prospect of a cognitively diminished president running the country for four more years.

Democrats may rely on ballot harvesting to defeat Trump at the ballot box, but that ploy won’t work this year. As the old saying goes: Fool me once, shame on you. Fool me twice; shame on me.

Colorado ruling overturned by U.S. Supreme Court