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president of the united states has the power for debt forgiveness. he does not. >> i don't think i have the authority to do it by signing a pen. >> is that not what the supreme court was arguing today, that it was a vast overreach? >> well, when you look at the actual statute, the hero's act, the hero's act was very, very clear. it said, under emergency conditions, the secretary has the authority, the president has the authority, to take these kind of actions. now, if congress had wanted to limit the hero's act, they could have. congress didn't act. this is the supreme court engaging in activism. i believe that the president may have been deliberating whether it was good policy. legal scholar af legal scholar has interpreted the hero's act saying you have that authority. we've forgiven student loans for

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making our universities far less accessible. they're rolling back progress for the last 30 years. this is not president biden's fault. this is a extremist supreme court, and we need to start calling out this court. and by the way, you know, they lied during these confirmation hearings. >> i understand you're frustrated with the court overall. we've certainly heard that from many member of your party. but on student loans, do you agree that biden did not have the authority to grant this much student loan relief the way the administration put this plan into place? >> i think he had the authority under the hero's act. i believe this supreme court engaged in judicial activism, not tex tralism. congress had given them the authority. congress has also given the authority under the higher education act. and the president said today that he's going to invoke that to be able to forgive the loans. and i hope they will forgive those loans and also make sure that the pause continues. he has that authority under the

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higher education act. justice roberts says in his decision nothing in this decision applies to higher education act. it only applies to hero's act. the president is perfectly within his right to go under the higher education act. >> isn't it congress that really has the authority here to do this? shouldn't it be congress that is taking action? >> it was congress that took action. congress passed the hero's act. congress passed the higher education act. in those acts, we explicitly gave the secretary the authority under the higher education act to waive or cancel student loans. that was a congressional act. if congress has a problem with higher education act, they can try to repeal it. if congress had a problem with the broad power we gave under the hero's act, they could try to repeal it. but what this court has done is assert the role of the legislature. they've engaged in judicial activism. they're interpreting statutes in ways that congress never intended.

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the decision makes no sense. what if the baker said, i don't want to serve someone who's indian. i think we have a crisis of legitimacy of this court. >> when it's this decision specifically on student loans, critics and what we've seen conservatives pointing to all day since this ruling came down were comments made by president biden before he became president and nancy pelosi themselves, when they said they believed the president lacks the authority, the legal authority, to forgive the student loan debt. they made these comments. >> people think that the president of the united states has the power for debt forgiveness. he does not. >> i don't think i have the authority to do it by signing a pen. >> is that not what the supreme court was arguing today, that it was a vast overreach? >> well, when you look at the actual statute, the hero's act, the hero's act was very, very clear. it said, under emergency conditions, the secretary has

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the authority to grant this much student loan relief the way the administration put this plan into place? >> i think he had the authority under the hero's act. i believe this supreme court engaged in judicial activism, not textualism. congress had given them the authority. congress has also given the authority under the higher education act. and the president said today that he's going to invoke that to be able to forgive the loans. and i hope that they will forgive those loans and also make sure that the pause continues. he has that authority under the higher education act. justice roberts says in his decision nothing in this decision applies to higher education act. it only applies to the hero's act. the president is perfectly within his right to go under the higher education act. >> isn't it congress that really has the authority here to do this? shouldn't it be congress that is taking action? >> it was congress that took action. congress passed the hero's act.

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Your World With Neil Cavuto

do you admit there were mistakes during the withdraw and before? >> all the evidence -- remember what i said about afghanistan? i said we would get help from the taliban. what is happening now? what's going on? read your press. i was right. thanks. >> so the report about the withdrawal -- >> neil: okay. couple of things before i expand on this. the president saying he's going to continue his effort to find relief for those who are shackled right now with student loan debt to the tune of $400 billion. the supreme court shot that down today in a 6-3 vote that he couldn't do it. that he was going against the constitution and using something called the hero's act of 2003 that provides grants to wedge this move in so that student debt could be forgiven. no less than nancy pelosi herself said a president can't

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covid outbreak. so they have already gotten a benefit until the supreme court decision today. again, these are the decisions you make to congress. congress is the one that is in charge of taxes. they decide what to spent money on. this is just another appeal -- >> neil: john, i'm going to interrupt you. jacqui heinrich is addressing the secretary. let's go back to the conference. >> had the authority on the hero's act. the hero's act made it clear, the authority to modify or waive. the supreme court saw it differently. we're moving forward 92 another path and going to put the best legal argument forward to provide relief for borrowers. that's our focus. >> you think this court will see eye to eye with you? it's the same court. >> we're going to keep fighting and put the best argument forward. did you want to talk about a bigger plan? >> sure.

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The Story With Martha MacCallum

hero's act does give him this authority. i'm not alone in that view. the hero's act is just a few pages long by congress to allow for people that go to serve us abroad in combat, military service, not to have to worry about their college loans. the president took that clear-purposed legislation and used it for the largest loan forgiveness in history without a single congressional vote. what we saw in the house and senate was that he didn't have any hope to get that through congress, which is why he acted unilaterally. this issue is in front of the supreme court. the biden administration is working hard to keep the supreme court from considering the merits, to see what he does have this authority. they're challenging first and foremost on standing, the ability of the court to hear

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The Story With Martha MacCallum

shot. >> the administration believes they will prevail because of a 2003 law called the hero's act aim to modify students loans following september 11th. in the words national emergency are in the law. the administration says covid-19 is a national emergency. the six states that are suing to end this plan, they say they see things different. president trump used the covid emergency to pause students payments originally, but the biden team also relied on the pandemic to justify expanding the program. republicans in these states and in congress, they see a little bit of hypocrisy. the federal health emergency is ending on may 11th and the administration's insistence on ending title 42 which expelled migrants across the border. so they're saying it can't be one and the other at the same time. these arguments will happen tomorrow and we should have a decision by the end of the term, which is the end of june, early july at the latest. martha. >> martha: a great point. it can't be over for title 42

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Special Report With Bret Baier

i at this at the end of the day we can find common ground. >> beth osides seem dug in. both sides raise the debt limit without. restrictions. house republicans insisting that deal that has to include deficit reduction and cuts to wasteful spending. >> i think there is going to be a stalemate. we will take it right down to the edge again of the drama of, you know, closing the government down and all that stuff. >> but speaker mccarthy emerged from the meeting sounding hopeful. >> i would like to see if we can come to an agreement long before the deadline. >> separately today, officials confirmed that ending the covid national emergency in may will not impact their push to cancel student loan debt via the hero's act. officials said today using emergency powers after the national emergency ends is limited to pandemic harms in this case but it's unclear how they are measuring that or where the limits to that exist, mike.

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