SCOTUS justices aren't 'going to like' this from a president: Legal expert

want to go to John Yu I love having John on CU he's so darn smart on this legal stuff so uh the former deputy Assistant Attorney General uh is kind enough now to weigh in on what the president just did yet again on student loan forgiveness I think we're up as he just said our reporter Lucas Thomason John to $138 billion worth of loan forgiveness with this additional 1.2 billion and I believe half that number before The Supreme Court had already said cease and assist you can't keep doing this he

keeps doing this what is the Supreme Court's recourse if if if he if he keeps ignoring them the justices are not going to like a president who's trying to defy them as you said Neil last year the Supreme Court in Kiss called Nebraska versus Biden stopped a much larger student loan forgiveness program and now Biden's trying to play games he's trying to Tinker with their programs but he's still trying to cancel debt for I think actually the real figure if you uh annualize it all out into the futur

e is more like $450 billion that's what this pen Wharton model says and there no dummies over there pen and so if you look at this the Supreme cour is going to say uh is the is the president really complying with our decision from last year or are is he trying to defy us to evade us now the Court's got this new doctrine we've talked about in show before called the major questions Doctrine essentially says we're not going to let the president find these tiny little statutory holes the court calle

d the mouse holes and find huge elephants in them that's a Justice Scalia phrase of course and so what the court is gonna say is did Congress when it passed a very small loan forgiveness program really intend to give the president the power to essentially forego collecting $450 billion of the taxpayers money last year they said no I find it hard to believe they're not going to say no again so they say know again and he keeps doing it through these executive actions where does the Constitution li

ne blur it's because it's very unfocused right now yeah that's a good point What's going to have to happen is that someone's going to have to bring a suit now that was hard in the last case because the Supreme Court also says well no taxpayer can just sue and say I'm suing because the tax burden has gone up you have to find someone who's really harmed last year it was the state of Nebraska state of Missouri I think also got involved so you're going to have to find another state that's already in

volved I think in the student loan business or people who collect loan checks on behalf of the government and they're going to have to bring soup but it's going to be hard to find a plaintiff who can actually get all the way to the Supreme Court to challenge it and unless you do that President Biden can get away with this for a year maybe even two years until the Supreme Court can weigh in again so John wasn't the argument when they opposed his doing this is this is not the president's call that

the house controls the first strings of government um and and they they make this move he's doing that regardless of that very clear directive so what's to stop others was saying or petitioning the president I'm behind on my car bills maybe you could issue an executive order to forgive that or I'm behind on my medical bills maybe you could do something for me or others you could say maybe you could lift the income caps for me on any and all of the above debts you could see quickly how this gets

out of control oh oh yes I mean if you want to talk about the policy of it I don't see why uh this government wants to take from the less well off and basically give a tax benefit to the better off although right the government's been doing that for years and things like forgiving mortgage interest uh in the not forgiving but allowing people to deduct it but why should uh the government go around and start forgiving people's debt when they've made the choices in middle class or even upper class

and the people who chose not to go to college chose not to borrow money have to flip the bill so where does this go if it's a couple of years I mean Joe Biden could be out of office by then uh but the money has already been doled out by then um you can't claw it back can you really the interesting thing about what happens when a new president takes office if president Trump comes in for example he wins or president Nikki Haley wins then they can suspend this regulation and pull it back you got

to feel bad in part for all the student loan borrowers because they're being whipshaw back and forth about whether they have to pay the government back or not paying the government one thing the government one the presidents can do though it's one of their most important Constitutional Powers is that they can reverse the executive orders of the president before them so President Biden can create this program but theoretically it only lasts as long as he's the president yeah it is well like he is

sued executive orders to undo executive orders you know president Trump had regarding border security issues that I don't know how you keep up with it John but I'm glad you do uh John you following all that the former deputy Assistant Attorney General the former justi hey Sean Hannity here hey click here to subscribe to Fox News YouTube page and catch our hottest interviews and most compelling analysis you will not get it anywhere else