When district courts granted national injunctions on Trump administration executive actions, conservatives were right to be outraged. The first step by the bureaucratic anti-Trump deep state that would hamper the Trump government until 2021 was the erroneous designation of Trump’s immigration executive order as a “Muslim ban” by the media.
How do such limited courts obtain rulings so far reaching that they block the implementation of constitutional directives? It was also considered how to stop lower courts from making the same rulings. To break the judicial system’s impasse, the Trump administration went above and above by filling the many vacant slots on lower courts. It took the Left and its legal backers some time to recognize that further countrywide injunctions wouldn’t make a difference. After years of litigation at the lower levels of court, the Supreme Court has ruled in favor of the Trump administration’s executive orders.
Even with Joe Biden’s proposed changes to the way federal funds are allocated to student loans, some members of the public have expressed concerns about potential interference with the separation of powers. It’s like the questionable legitimacy of Obama’s Deferred Action for Childhood Arrivals program. Does the executive branch try to get around Congress with these two initiatives? Justice Amy Coney Barrett did not intervene to stop Biden’s student loan scam, but the Eighth Circuit Court of Appeals did (via Politico):
A federal appeals court has temporarily halted the Biden administration’s proposal to forgive hundreds of billions of dollars in federal student loan debt.
Responding to an emergency petition by Republican-led states, the 8th Circuit Court of Appeals granted an order on Friday blocking the Biden administration from “discharging any student loan debt” under the relief program.
The Biden administration has just indicated in court filings that they may begin canceling student loans beginning this coming Sunday.
We should expect the same level of disappointment as with DACA, however, because the courts appear to have adopted the view that a new White House cannot undo executive measures made by the prior administration.