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Bad Faith

Episode 256 - Student Dêbt-à-Dêbt (w/ Jed Shugerman & Persis Yu)

Bad Faith

Bad Faith

News, Comedy, Politics

4.52.8K Ratings

🗓️ 2 March 2023

⏱️ 72 minutes

🧾️ Download transcript

Summary

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This might be the best conversation unpacking this week's student debt SCOTUS oral arguments you'll hear. Fordham Law professor Jed Shugerman returns to the pod and gets some healthy pushback from Student Borrower Protection Deputy Executive Director Persis Yu. The expertise on display here is extraordinary, as the two go back and forth over the Supreme Court's likely holding with respect to Biden's student debt policy based on a close reading of the oral arguments, and whether Jed's amicus brief, referenced by Kavanaugh during oral arguments, correctly raises concerns about an over-expansion of executive power. You won't want to miss this one.

Subscribe to Bad Faith on YouTube for video of this episode. Find Bad Faith on Twitter (@badfaithpod) and Instagram (@badfaithpod).

Produced by Armand Aviram.

Theme by Nick Thorburn (@nickfromislands).

Transcript

Click on a timestamp to play from that location

0:00.0

Instead of trying to get it right, and instead of delivering more relief to more people,

0:05.3

the Biden administration incompetently designed this program with terrible legal arguments,

0:11.6

and then when they were caught with bad assumptions about standing and bad arguments,

0:16.3

instead of fixing them, they denied more relief to more people. We are back with a fresh bad faith.

0:48.6

We have returning to the podcast, Professor Jed Sugarman, who is a professor at Fordham Law School, visiting

0:56.4

professor at BU and soon to be permanent professor at BU Law School. Welcome back to the podcast,

1:02.1

Professor Sugarman. Thank you for having me back. Thank you. It's such a pleasure. And new to the

1:07.4

pod for the first time, Persis You, who is deputy executive director of the student borrower protection center.

1:14.1

One of the foremost experts on today's subject, student debt cancellation.

1:17.7

Welcome to the podcast Persis.

1:20.2

Thank you.

1:20.8

It's great to be here.

1:22.2

All right.

1:22.6

So obviously we're talking today because yesterday we listened to oral arguments on the Supreme Court about

1:28.6

the viability of Joe Biden's student debt cancellation plan. Jed, last time you were on the podcast,

1:36.3

we talked about what we've received to be vulnerabilities in the approach that Joe Biden had

1:42.1

taken, namely the choice to use the Heroes Act as opposed to

1:47.2

the Higher Education Act as the legal authority to hook the executive power under which he is

1:53.2

canceling the student debt and whether or not I was arguing or contemplating whether it was

1:58.0

a political choice, how invested Joe Biden really was in this, and what the likelihood of it actually overcoming challenges that we only anticipated at the time

2:06.8

actually was. And so I want to ask you first, is this playing out as you anticipated? And if not,

2:13.8

how is it departing from what you expected?

...

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