Sunday, December 4, 2022

If Ukraine Wants U.S. Aid, It Needs to Come to the Bargaining Table

Meetings should start as soon as possible to discuss how to end the war, ways to prevent future conflict, security assurances, reconstruction, and returning POWs—for starters.


European states are increasing pressure on the Ukrainian government to agree to peace talks to end the war with Russia. During their meeting at the White House on Thursday, Joe Biden and French President Emmanuel Macron both expressed their support for peace talks under the right conditions but also agreed that the United States and France would never urge the Ukrainians to make a compromise “that will not be acceptable for them.”   

Given the urgency of ending this conflict, and understanding how the war is draining the U.S. stockpile of certain vital weapons, the United States should make further aid contingent upon Kyiv’s participation in peace negotiations. 

Ukrainian President Volodymyr Zelenskyy says he is willing to start “genuine” negotiations, but with stiff conditions that include bringing Russian war criminals to justice, return of all occupied Ukrainian territory, and reparations. Ukrainian officials also have ruled out negotiations with Russia unless Russian President Vladimir Putin steps down.  

Pressured by Ukrainian gains in the war and the deterioration of Russian forces in the country, Putin has expressed a willingness to join peace talks, but this week insisted on the unacceptable condition that the West recognize Russia’s annexation of Ukrainian territory. 

Ukraine’s reluctance to come to the table is understandable, given the brutality and atrocities of Russia’s invasion and the major gains the Ukrainian army has made against Russian forces over the last few months. 

The trouble is, Ukrainian and American interests in this war are not the same. Many in Congress do not believe America should provide vast amounts of military aid indefinitely and with no clear accounting. They worry America is supporting an endless war. 

U.S. aid is also depleting our weapons stockpiles, especially 155mm ammunition and the High Mobility Artillery Rocket System, which without question affects the readiness of our military and America’s ability to provide military assistance to other friends and allies, especially Taiwan. 

Some members of Congress also are worried about crossing a “red line” with Russia, possibly if Ukraine attempts to regain control of Crimea by force, which could lead Moscow to use tactical nuclear weapons. They also are concerned that the administration’s focus on trying to achieve a complete Ukrainian victory by flooding it with arms also could provoke Putin to use nuclear weapons.  

Joint Chiefs of Staff Chairman General Mark Milley has called for Ukraine to enter peace talks with Russia to cement their gains at the bargaining table because he believes the Ukrainians have achieved about as much as they could reasonably expect on the battlefield before winter. Milley also has said he sees no chance for Russia to defeat Ukraine and has urged Kyiv to negotiate “when you’re at strength and your opponent is at weakness.” 

Other senior Biden Administration officials reject this approach and are unwilling to push or even nudge Ukraine to the bargaining table. Instead, they want the United States to provide billions of dollars in arms to Ukraine “for as long as it takes.” But Biden’s statement on Thursday that he is willing to speak with Putin in consultation with NATO allies if the Russian leader indicates he is “looking for a way to end the war” may indicate a shift in the Biden Administration’s approach. 

A compelling reason to promote a negotiated settlement is that Ukraine and the United States do not have a plan to end the war. American and Ukrainian leaders could be correct that U.S. military support will lead to the defeat and withdrawal of the Russian military, at least from eastern Ukraine. Perhaps growing Russian losses will force Putin from power and result in a new Russian government willing to end the war.  

These are the best outcomes for the conflict, but they are probably unrealistic. Even if Ukrainian forces make further gains against Russian troops before winter, there is no sign Putin will easily withdraw. Instead, he is punishing Ukraine with missile and drone attacks against infrastructure, especially power and water plants. 

In addition, in September, Putin named General Sergei Surovikin as the commander of Russian forces in Ukraine. Surovikin has a reputation for brutality, including bombing civilians during Russia’s campaign in Syria.  

This could mean that while the Ukrainian military may eventually defeat Russian forces and force a withdrawal from eastern Ukraine, possibly in the spring, the country’s infrastructure largely will be destroyed by that time. There also likely will be thousands of Ukrainians killed and a new exodus to neighboring countries.  

A better approach would be to halt the fighting now with a ceasefire that locks in the territory Ukrainian forces have reclaimed and put off a formal peace agreement until later.  

Ukrainian officials are legitimately concerned about trusting Putin to honor a ceasefire because he has broken many other agreements, including previous ceasefire attempts. It is possible that Russian violations of a ceasefire would cause it to collapse quickly. To discourage this, peacekeepers might be deployed between Russian and Ukrainian forces. The peacekeeping troops would be chosen from nations acceptable to Russia and Ukraine. These would not be U.N. peacekeepers to prevent Russia from using its U.N. Security Council veto to influence their deployment. 

Regardless of whether a cease-fire can be agreed upon, the United States and European states should put in place a structure for a peace process, possibly in Vienna. Meetings should start as soon as possible to discuss how to end the war, ways to prevent future conflict, security assurances, reconstruction, returning POWs, and other issues. 

Ukraine would be required to participate in this peace process to receive U.S. military aid. This structure would be in place when Moscow and Kyiv are ready to negotiate. 

The peace talks process should also address how to rebuild Ukraine, which will require billions of dollars in financial assistance. It is crucial that Russia— not the United States—pay for this as part of an eventual negotiated settlement. There are two ways this might be done.  

One way would be to seize—or threaten to seize—more than $300 billion in Russian assets frozen by several countries since the invasion. 

Another option would be an agreement that would lift sanctions on Russian energy exports but require a percentage of Russian energy revenues to be paid to Ukraine for reconstruction. This option could be combined with keeping the Russian assets as collateral. 

Western states might offer to lift some sanctions on Russia in exchange for its full cooperation with a peace process and an agreement to pay to rebuild Ukraine. Sanctions or indictments of Putin or other Russian officials would not be lifted. 

A frequent criticism of a negotiated settlement or ceasefire is that it would give Russia time to rebuild its military so it could launch a new offensive when the weather improves. Given how badly the Russian army has fared in Ukraine, its massive loss of equipment, and Russia’s inability to import the electronics it needs to produce advanced weaponry—especially missiles—the Russian military is unlikely to recover enough to defeat the Ukrainian army in the foreseeable future.  

The United States and its allies could ensure this by building up Ukraine’s defenses during a ceasefire to discourage a new Russian offensive. 

Critics of a negotiated peace deal also argue that any settlement that does not restore all territory Russia seized from Ukraine and does not hold Russia and its leaders accountable would be unjust. Reality is, any peace agreement will be imperfect. But in this situation, a ceasefire and peace talks that avoid the use of nuclear weapons, save lives, and prevent the destruction of Ukraine during months of attrition would be the more realistic and moral option. A ceasefire might also buy time to allow diplomacy to work and develop other settlement options.  

This approach will be complex and controversial, but it would be in the best interests of Ukraine and the United States. It would send the message that although the United States strongly supports Ukraine’s fight against Russia’s brutal and unprovoked invasion, American military aid to Ukraine is not open-ended. It also would convey that America does not support an endless war in Ukraine, and we expect an eventual negotiated settlement. Advancing this approach will require strong leadership from Biden and bipartisan support from Congress.





X22, And we Know, and more- December 4th

 



Really busy day, Mom got the tree up. Here's tonight's news:


The Democrats' Contempt for the American People


The inflation rate is still hovering around 8-9%, in contrast with the 1.4% when Donald Trump left office.  A record number of people (853) have died at the U.S. southern border in the past 12 months (and those are only the ones we know about and not including the people, including children, that were raped, robbed or killed on the trek through central America to the border).  Fentanyl pouring across the Southern border is killing 100,000 Americans a year.  Crime is way up in all major cities.  North Korea has resumed firing ballistic missilesover Japanese territory and has restarted its nuclear weapons program, both of which had been stopped under the Trump administration.  China has humiliated the United States on U.S. soil and is preparing to invade Taiwan.  Russia, which, according to the Democrat-media storyline, was supposed to be Trump’s boss, invaded Ukraine soon after Biden’s inane remark that a little invasion might not be a big deal, resulting in hundreds of thousands of civilian deaths and massive economic dislocation around the world, while Trump remains the only president in the past four presidents that has not presided over Russian aggression against a neighbor.  Biden, who criticized Trump for cozying up to dictators, has gone begging the Venezuela and Saudi Arabia, for oil to bring down U.S. gas prices.  Economic experts are once again talking about a major recession in the near future.  Trust in American institutions, including the media, the FBI, etc., is at an all-time low.  One would think that in such dire circumstances Biden would display some humility, but no!  Instead, he acts as if he has once again vanquished the ever elusive Corn Pop from a 1962 Delaware swimming pool.

In a press conference on November 2022 Biden’s Press Secretary Karine Jean-Pierre refused to answer questions after New York Post reporter Steven Nelson yelled out a question to Dr. Fauci concerning what he had done to investigate the origins of COVID:

We have a process here.  I'm not calling on people who yell and you're being disrespectful to your colleagues and… to our guest [Fauci].  I will not call on you if you yell… I'm done! I'm not getting into a back-and-forth with you.

It is not clear why Jean-Pierre is so snippy because shouted questions to the WH press secretary, guests of the press secretary or even the President of the United States by reporters have been quite common over the years.  If one wants to see rude and disrespectful shouting by reporters recall some of the press behavior at Trump press conferences when, for example, he tried to tell the truth about the Steele dossier that Hillary Clinton and the DNC had purchased to frame him. 

One must infer that the Biden administration does not believe that the peasants have a right to know about the origins of the Coronavirus that has, so far, killed over 6.6 million people in the world and over 1.1 million in the United States.  

When Trump, who had been blindsided by the virus, was the president, Biden stated that no one who had presided over 220,000 virus deaths should be the president of the United States, but after he was installed as president with a big “D” behind his name and the death toll is almost five times what it was under Trump, Joe’s calls for the resignation of any president who has presided over so many deaths has been cancelled.  The Biden administration’s and what passes for our “news” media’s new mission seems to be to prevent anyone from asking the Biden administration’s beloved Dr. Fauci, who, with his close ties to the Wuhan Labif he or his communist Chinese comrades had anything to do with the origins of the pandemic.  One would certainly not want to embarrass Hunter’s paymasters in the Chinese Communist Party.

In fact, Democrats like Joe BidenChuck SchumerNancy PelosiSwalwell, etc., regularly refuse to answer questions concerning the people’s right to know how their country is being run.  By contrast, the despised Donald Trump, acknowledging the peoples right to know, was very accessible to the “news” media.

Janet Yellen, who always sounds like someone found at the Arts and Crafts Room at Bellview Psychiatric (or perhaps a Harvard faculty lounge), now blames the high inflation (which, by the way, she had earlier said would not be a problem), not on herself or the Biden administration that has been printing money like it’s Monopoly money, but on the peasants for “splurging.”  The American people deserve a government, not a clown show.

When asked by Zeke Miller "What do you intend to do differently," following the midterms, Biden replied "Nothing." Biden appears to have forgotten that the democratic process is supposed to be about the well-being of the American people, not that of the Democrat Party. The facts that his party, via its ballot-harvesting schemes, its bankrolling of “extremist” Republican candidates that it knew would not win in the general election, its dishonest representation of the consequences of overturning Roe vs. Wade, and Biden’s cynical buying votes with his unconstitutional student loan forgiveness scheme has managed to avoid a large “red wave” does nothing to solve problems for the American people.  Despite the Democrat party’s good fortune in the mid-terms, polls indicate that a vast majority of the American people see the country on the wrong track and disapprove of the Democrat’s and Biden’s extreme leftist policies

Biden and the Democrats clearly do not care about the suffering of the American people or the immigrants, but only for their own money and power. They obviously see the American people as sheep to be played with one hoax after another rather than answering their questions.  The fact that the Democrats managed to stave off the “red wave” has literally nothing to do with Joe Biden’s enormously unpopular policies. 




My Official, Unequivocal Denunciation Of Every Bad Person Or Thing That Has Ever Existed



Since his praise of former dictator of Nazi Germany Adolf Hitler on Thursday, Kanye West (a.k.a. Ye) has become a subject of controversy in the sphere of public debate.

Thanks to our objective and unbiased legacy media, Republicans — even those who never associated with or spoke of the rapper — are finally being held accountable for their obvious tolerance of such rhetoric. Putting aside the fact that Democrat members of “The Squad” routinely embrace antisemitism, it’s nice to see conservatives put under scrutiny for once.

But simply believing that Ye’s comments are grotesque isn’t good enough to be considered a tolerant member of society. In order to demonstrate true commitment to becoming social justice warriors, we — and by “we,” I especially mean conservative Republicans — must actively go out of our way to condemn every single bad person and event throughout all of history.

After all, it’s just as our totally beloved and not-at-all cognitively challenged president said Friday morning: Silence is complicity.

While some may think that such a task seems a bit over the top, it would behoove them to know that doing so is super easy and helps create a more equitable world for everyone. Just take, for example, Federalist CEO Sean Davis, who took time out of his Thursday evening to tweet his condemnation of “all the bad things and people over all time and space, especially that one thing everyone is super mad about.”

Awesome, right? And what’s even better is that you can copy Davis’s model and take it a step further. Instead of offering broad condemnation of all things evil, you can denounce bad people and events more specifically. Here’s an example:

I, Shawn Fleetwood, hereby condemn the many terrible and awful people, things, and events that have caused physical and emotional harm throughout world history. Among these include: the meteor that took out the dinosaurs, people who question the Native American heritage of Massachusetts Sen. Elizabeth Warren, the distracting audience at the July 2020 Washington Nationals game who made Dr. Anthony Fauci botch his opening pitch, and Emperor Palpatine.

Conversely, I stand by and support all things good, such as blocking traffic with climate change protests, dressing pets in costumes for Halloween, and banning the big meanie, Donald Trump, from Twitter.

See how easy it is? Now, you too can create your own list of things to condemn and support and share it will all the family and friends you haven’t blocked on social media.

At the end of the day, we all need to prove that we’re not a part of the problem. Actively proclaiming every single thing that we do and don’t support is not only healthy for individuals in demonstrating their virtue, but for society in helping eradicate the evils within it.




We Need Christmas Now More Than Ever


For his weekly monologue UK pundit Neil Oliver discusses the insufferable misery of those who try to cancel Christmas.  Mr Oliver shares the importance of the meaning of Christmas in an eloquent and powerful manner.

The message is uplifting and needed, especially at such an uncertain time for so many around the world. We must never forget our Christian roots and how deeply humanity is connected to its history. YOU are the light he speaks of in the final sentence.  WATCH:


[Transcript] – For the second year in a row, the Christmas trees are going up early round my way. More and more households that would, in the world of before, have waited until the second or third week in December before decking the halls … have already gone the whole nine yards with the trees and twinkly lights. We are doing likewise in our house. I won’t lie … I love it. Every bit of it.

I love Christmas … always have and always will. In every conceivable way, Christmas is light in a time of darkness and for many of us, that light has never been more welcome and so can’t come soon enough.

Especially since the festival is once again under attack by the joyless division. In line with what has become a tradition of the season in benighted Britain, yet another bunch of interfering, patronizing preachers of the witless cant of “diversity and inclusivity” have decided it’s their turn to take a pop at Christmas.

Bristol-based Watch This Space – describing themselves as an Inclusion Consultancy … Heaven help us all … have scored some free publicity by calling on organisations to “rethink Christmas” on account of how all those of other faiths feel left out in December. I really don’t think those of other faiths feel left out at all. I am certain the vast majority of those of other faiths are perfectly fine with Christians enjoying Christmas … the same way I have no issue whatever with Diwali and Eid and the rest of the religious festivals that genuinely matter to those of faith … and that it is only those that could … and deliberately would … start a fight in an empty room that want to persuade everyone that Christmas is EX-clusive and only bad news.

For generations every school in Britain has put on a nativity play. The youngest among us are invited to play the parts of Mary and Joseph … the angel … the shepherds, the three wise men. In every school hall is recreated a scene from a village in the Middle East. The people being enacted by children are people of the Middle East. How inclusive and diverse, you might say.

It’s always Christianity that the nouveau bullies target – in the same that all bullies have always done – which is to say “single out the one that won’t hit you back.” The tolerance of Christianity and Christians has been a red rag to a bull – and for years it has been open season on Christmas on the utterly spurious grounds that someone somewhere might be offended by cards, carols and Santa Claus.

But hey – it’s only Jesus – worshipped by two and a half billion Christians as divine, the Son of God – so take up the slings and arrows and do your worst.

That latest call to cancel Christmas came hard on the heels of heresy – spiteful, childish mewling by a junior research fellow of Trinity College in Cambridge university about Jesus having, and I quote, “a trans body”. The sticky-palmed adolescent piffle was then backed up by the Dean of the college, so ensuring more headlines at the expense of followers of the world’s largest religion.

All of this latest mischief-making is just more of the same – which is to say the determination of the empowered elite systematically to remove every last foundation stone of Western civilisation … while simultaneously showing us … reminding us … who they think is boss. Having excited themselves by stripping away, under the egregious wrong of lockdown, so much of what it has meant to be human and alive in this part of the world, the usual suspects are determined to keep going until the job is done. Christianity, and the family, are still standing, and so the attacks must continue.

Lockdown was about draining the joy out of life, every last bit. It was about keeping people apart and alone. It was a relentless campaign of fear by authority figures who felt no fear themselves – because they knew there was nothing TO fear – and so broke all their own rules. Now it’s about bidding farewell to the very stuff of life – warmth in winter, nourishing food. Stop driving to save the world. Stop flying to save the world. How long before they come for the twinkly lights and crackers as well? The powers that be are about nothing less than making life dull and flat for we proles.

The truth is that none of this is to be taken lightly, far less ignored. The relentless erosion of Christmas, and Christianity itself, is essential for those whose mission it is to unmake Britain, and the west. It is nothing less than the deliberate snuffing out of the light of the world.

That anyone would ever seek to silence those who want to celebrate Christmas is beyond sinister in my eyes – because the story at the heart of Christmas is also the story at the heart of humanity and the best of human nature.

It is a simple story about a family – indeed the making of a family by the birth of a baby.

It is about a baby born into the most humble of circumstances, in a barn for animals, dependent upon the kindness of strangers.

Why would anyone of good and honest heart want to take issue with the simplicity of the family, and all that the family has meant and continues to mean? Except of course that the family is the ultimate obstacle for those intent on resetting the world – away from the human and in favour of the machine. Again, and again those who have it in mind to establish centralized, top-down control of populations have targeted the family as the final stumbling block in their path. Always, however, the family has prevailed, because the desire for family life is innately human.

The way things have been in the west for two thousand years is a direct and undeniable consequence of the overarching influence of Christianity. Our ethics, our morality, the laws by which we live, commitment to the sanctity of the individual … all are founded upon the Christianity of our forebears.

In more recent centuries deluded and dangerous people believed they had the wit and the power to set aside Christian ethics and morality and to replace them with their own ideologies. I invite you to consider the worst horrors of the 20th century and notice how well those experiments went. 150 million dead and counting.

What is being inflicted on us now is the death of a thousand cuts. One thing after another reminding us of who and what we are … where we came from … and why … is being debased, devalued, rewritten or erased by others who think they know better. Our heritage, our history, our culture, our society, our communities, our identities as men and women, as sovereign individuals … all of it is being undone, taken away, memory holed. This is deliberate and must be resisted at all costs.

Friedrich Nietzsche was among the most articulate to lament the death of God in the west:

God is dead and we have killed him – he wrote – who will wipe this blood off us? What water is there for us to clean ourselves? Must we ourselves not become gods simply to appear worthy of it?”

And there’s the rub, prophesied by a philosopher 140 years ago … the coming of those idealogues of today – who talk of hacking humans, growing babies outside the body of the woman, of mixing humans with technology – who really do believe the time has come for them to assume the power of gods.

Worst of all of the anti-human behavior is the turning upon children, the exploitation of those most vulnerable and deserving of our protection. I don’t mean to imply this behavior is anything new – rather, it is simply more blatant and shameless. We catch glimpses of the danger – most recently in the ad campaign by fashion house Balenciaga that set tiny children in sexual contexts – and we dismiss such threats at our ultimate peril. From drag queen story time to questionable sex education in classrooms, the normalization of the sexualization of children is well under way. For those in search of a hill to die on, might not the defence of the innocence of children be the one?

The Christmas story is fundamentally about hope. For human beings there can be no greater gift or reason for hope than the birth of a child. There can be no greater imperative than the urge to protect that child, all children … against all threats.

During lockdown, rules were put in place to keep families apart, to separate children from grandparents. They are still pushing their jabs on children. Attempts were even made at that time to cancel Christmas – not that me and mine paid them a blind bit of notice. Faith leaders not worthy of the name complied with diktats that closed churches and so denied needful people access to the comfort and sustenance of holy places when they were most wanted.

I keep mentioning the thousands of people who have written to me during the past two, getting on for three years. In the run up to last Christmas, the emotion of it all was almost overwhelming. My family and I received piles of Christmas cards from families across Britain and around the world. Messages of love, solidarity and determination from people who might otherwise have been strangers to us, but who needed to share Christmas and so shared it with us, the joy of the Christmas message in what might otherwise have been an unremittingly dark time.

Over and over, we were reassured by all those – the majority of the senders in fact – who, like us, had identified a fight between good and evil … between light and dark. We were left in no doubt, by letter after letter, and card after card that the medicine that kept those people well – in every way that really mattered – was their faith in something bigger than themselves, something transcendent.

The central message of Christianity is so simple it can be summed up in a single line:

For God so loved the world that he gave his only begotten son … so that whosoever believeth in him should not perish but have everlasting life.

Has there ever been a more hopeful message? Believe … or don’t believe … but the Christmas story is undeniably a message of hope and family and love, and about the arrival in the darkness of a bright and warming light. It is worth remembering that the light is always there, even if it is out of sight.

I think about the words that, according to the legend at least, were scratched into the wall of a basement by someone hiding from tyranny during World War II. I believe in the sun even when it is not shining. I believe in love even when I do not feel it. I believe in God, even when he is silent.

In the northern latitudes people have sought light in the darkness of winter since a time beyond the reach of memory. Millennia before the coming of Christianity there were fires kindled and lamps kept lit in defiance of the dark and cold. Always the promise, held in human hearts, that with patience and fortitude they would see the return of the sun.

This year the dark and the cold are being deliberately intensified by the stated objectives of our so-called leaders. We are told we must have less light, less warmth. We are told these are among the prices we must pay … to win a war … to save the planet … Now is the time to kindle lights and keep them lit.

Forty years before the birth of Christ, the pagan Roman poet Virgil wrote lines about the birth of a boy, a Saviour, who would grow up to be divine and save the world. Virgil has been seen by some as a prophet predicting the birth of Jesus. He was sensing the rising of the son from beyond the horizon. Virgil’s poem, written around 38 BC, is a message of hope, of the inevitable and imminent coming of light into a darkened world.

Here’s the thing: we need Christmas, and the hope and joy of Christmas, more now than ever.

Light whatever lights you can – even the glow of a single candle can be seen for miles.

[LINK]



Right After Biden Successfully Buys Votes With Student Loan Bailout, Supreme Court Will Weigh In

Biden might not even care if the Supreme Court strikes his loan forgiveness program. It already worked to get out midterm votes.



The Supreme Court will decide whether the Biden administration acted lawlessly when it authorized the cancellation of hundreds of billions of dollars in student loans. The high court announced on Thursday that it would expedite an appeal brought by the Biden administration challenging a lower court’s injunction freezing its loan “forgiveness” program, promising a hearing in February on the issues.

Until then, the Supreme Court will let stand the injunction the Eighth Circuit issued in Nebraska v. Biden. That injunction prevents the Biden administration from cancelling student loans of up to $20,000 per borrower, pending resolution of the legal challenge to the debt-forgiveness plan brought by six states: Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina. 

In petitioning the Supreme Court for relief, the Biden administration initially sought an order vacating the Eighth Circuit’s injunction, but the administration argued alternatively that, if the high court declined to dissolve the injunction, it should instead hear the case on appeal on an expedited schedule. The Supreme Court’s decision to take the case on appeal presents a unique situation, given that the Eighth Circuit has not yet addressed the merits of the states’ lawsuit. 

Come February then, the Supreme Court will need to decide whether the lower court erred in finding that the states lacked standing to challenge the Biden administration’s cancellation of student loans. The states present an array of arguments for why they had standing, or the legal ability to sue, with Missouri advancing the strongest argument for standing.

Specifically, Missouri maintains loan forgiveness will harm the state because the state, throughout its Missouri Higher Education Loan Authority, or MOHELA, raises funds to support grants and further loans by processing student loans. Fewer student loans to process, because of loan forgiveness, means fewer resources flowing to MOHELA, according to the state, and thus Missouri has standing, they argue. 

If the Supreme Court concludes at least one state has standing to sue, the case can proceed. Then the question will be whether the Biden administration had authority under the HEROES Act to bail out the loans. The HEROES Act is a federal statute Congress passed following the 9/11 attacks that, among other things, authorized the secretary of education to “waive or modify any statutory or regulatory provision applicable to the student assistance programs” when the secretary deems it “necessary in connection with a war or other military operation or national emergency…” 

Because the HEROES Act defines the term “national emergency” to include “a national emergency declared by the President of the United States,” the Biden administration maintained that its secretary of education can “modify” the student assistance programs by cancelling the principle of those loans. The states, as well as other plaintiffs who have challenged the loan-cancellation program, counter that canceling student loans is not a “modification” or “waiver” of a program and that, in any event, Covid did not cause the debtors’ financial difficulties. 

Those challenging the Biden administration’s loan bailout also rely on “the major-questions doctrine,” which teaches that “a federal agency may regulate on issues of immense ‘economic and political significance’ only with explicit congressional authorization.” Because the student-loan forgiveness plan has immense “economic and political significance,” but the HEROES Act contains no explicit authorization to eliminate student loans based on income levels, the states argue the HEROES Act cannot be read to authorize the loan cancellation.

These arguments, while seemingly mundane, present a political risk to Biden when the Supreme Court hears the case in February, first because the Biden administration purposefully crafted the loan-cancellation program in a way to prevent anyone from obtaining standing. Such gamesmanship seems unlikely to impress the Supreme Court and, in fact, risks censure by the justices.

Likewise, oral argument over the scope of the HEROES Act seems likely to prove embarrassing to the Biden administration, given that its economy, policies, and runaway inflation hold more direct responsibility for the hardships experienced by many debtors than Covid. The justices will likely also push the Biden administration on separation-of-powers concerns, on Congress’s refusal to pass a loan-forgiveness plan, and on the president’s political posturing related to student loan cancellation.

The Biden administration may also face more tough questions if, before February’s hearing, the Supreme Court consolidates the government’s appeal of a Texas district court decision vacating the loan-forgiveness program. In that case, Brown v. United States, debtors filed suit against the administration arguing the government exceeded its authority under the HEROES Act and acted arbitrarily. The district court agreed and “vacated,” or declared a nullity, the loan cancellation plan. 

The government appealed the district court’s decision and sought a stay pending appeal in the Fifth Circuit. In its filings to the Supreme Court in Nebraska v. Biden, the president explained that if the Fifth Circuit denies a stay, the Biden administration intends to seek relief from the high court. If it does, it is likely the Supreme Court will consolidate the Brown case with the Nebraska case.

The Biden administration will then face a doubly tough appeal because the Brown plaintiffs present a separate theory for standing. Namely, they claim that as students denied full loan cancellations, they suffered an injury. The Brown plaintiffs also expose the arbitrariness of the loan-forgiveness program, with one of the plaintiffs earning substantially less than the earnings cap, but still limited to $10,000 in loan forgiveness because the borrower had not received any Pell Grants while in college — a requirement established by the Biden administration to qualify for $20,000 in loan forgiveness.

The Biden administration might not care about losing in the Supreme Court, however, as it succeeded in rolling out the loan cancellation plan before the midterms. And if the Supreme Court eventually strikes the plan down, Democrats can pretend they kept their pledge to college students and place blame instead on the conservative justices — just in time to make the Supreme Court an issue for the next election.