Legal expert explains why Supreme Court doesn't 'get last word' on student loans, LGBTQ+ rights

The high court ended affirmative action, limited protections for LGBTQ+ couples, struck down Biden's student-loan forgiveness plan

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Saturday, July 1, 2023
Why Supreme Court doesn't 'get last word' on student loans
Lawmakers are taking matters into their own hands in response to the Supreme Court's three landmark rulings.

SAN FRANCISCO (KGO) -- Lawmakers are taking matters into their own hands in response to the Supreme Court's three landmark rulings.

"The court is either telling Congress or the president they went too far. They don't get the last word, though," said John Trasvina, former Dean at the University of San Francisco School of Law.

Thursday, the Supreme Court effectively ended affirmative action and Friday limited protections for LGBTQ+ couples; the High Court also striking down President Biden's student-loan forgiveness plan.

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"So we need to find a new way and we're moving as fast as we can," said President Biden, firing back Friday. "First, I'm announcing today a new path consistent with today's ruling to provide student debt relief to as many borrowers as possible as quickly as possible."

"Congress can enact legislation. The president can sign legislation that will get around, but be consistent with the Supreme Court," said Trasvina, noting that's exactly what the President is now trying to do.

"This new path is legally sound," said Biden. "It's gonna take longer. But in my view, it's the best path that remains to providing for as many borrowers as possible."

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And, lawmakers on the other side of the aisle are saying the decision is back in the proper political hands.

"From our perspective, this issue is now one that goes back to where we belong originally, which is Congress," said Nebraska Attorney General, Mike Hilgers. "It's that branch, the one that's closest to the people that has the power of the purse that is equipped and constitutionally empowered to be able to try to solve this particular question. From our offices perspective."

And, as country heads into an election year, Trasvina says expect more political posturing.

"There's the immediate reaction of we're going to undo what the evil Supreme Court did of the other party or perceived to be of the other party, and we're going to take action," he said.

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The Supreme Court itself, is likely to become a campaign topic with talk of term limits and expanding the Court.

"Certainly, the Supreme Court's credibility among a lot of people is very low right now," said Trasvina. "But again, it's because of the people who lose out of the Supreme Court, the people who feel that the other side is in control are going to say, let's change it.

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