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OPINION/NATION
The Times, Gainesville, Georgia | gainesvilletimes.com
Midweek Edition-March 1-2, 2023 7A
Supreme Court poised to reject
forgiveness of student loan debt
PATRICK SEMANSKYI Associated Press
Sen. Elizabeth Warren, D-Mass., speaks at a rally for student debt relief advocates gather
outside the Supreme Court on Capitol Hill in Washington, Tuesday, Feb. 28, as the court
hears arguments over President Joe Biden’s student debt relief plan.
DOJ sues La.
chemical maker
over cancer risk
to minority area
BY MARK SHERMAN
AND JESSICA GRESKO
Associated Press
WASHINGTON - Con
servative justices holding the
Supreme Court’s majority
seem ready to sink Presi
dent Joe Biden’s plan to
wipe away or reduce student
loans held by millions of
Americans.
In arguments lasting more
than three hours Tuesday,
Chief Justice John Roberts
led his conservative col
leagues in questioning the
administration’s authority
to broadly cancel federal
student loans because of the
COVID-19 emergency.
Loan payments that have
been on hold since the start
of the coronavirus pandemic
three years ago are supposed
to resume no later than this
summer. Without the loan
relief promised by the Biden
plan, the administration’s top
Supreme Court lawyer said,
“delinquencies and defaults
will surge.”
The plan has so far been
blocked by Republican-
appointed judges on lower
courts. It did not appear to
fare any better with the six
justices appointed by Repub
lican presidents.
Biden’s only hope for
being allowed to move for
ward appeared to be the slim
possibility, based on the argu
ments, that the court would
find that Republican-led
states and individuals chal
lenging the plan lacked the
legal right to sue.
That would allow the
court to dismiss the lawsuits
at a threshold stage, with
out ruling on the basic idea
of the loan forgiveness pro
gram that appeared to trou
ble the justices on the court’s
right side.
Roberts was among the
justices who grilled Solici
tor General Elizabeth Pre-
logar and suggested that the
administration had exceeded
its authority.
Three times, the chief
justice said the program
would cost a half-trillion
dollars, pointing to its wide
impact and hefty expense as
reasons the administration
should have gotten explicit
approval from Congress. The
program, which the adminis
tration says is grounded in a
2003 law that was enacted in
response to the military con
flicts in Iraq and Afghani
stan. is estimated to cost $400
billion over 30 years.
“If you’re talking about
this in the abstract, I think
most casual observers would
say if you’re going to give up
that much... money, if you’re
going to affect the obligations
of that many Americans on a
subject that’s of great contro
versy, they would think that’s
something for Congress to
act on,” Roberts said.
Justice Brett Kavanaugh
suggested he agreed, say
ing it “seems problematic”
for the administration to
use an “old law” to unilater
ally implement a debt relief
program that Congress had
declined to adopt.
Neither justice seemed
swayed by Prelogar’s expla
nation that the administra
tion was citing the national
emergency created by the
pandemic as authority for the
debt relief program under a
law commonly known as the
HEROES Act.
“Some of the biggest mis
takes in the court’s history
were deferring to assertions
of executive emergency
power,” Kavanaugh said.
“Some of the finest moments
in the court’s history were
pushing back against presi
dential assertions of emer
gency power.”
At another point, though,
Kavanaugh suggested
the program might be on
firmer legal ground than
other pandemic-related
programs that were ended
by the court’s conserva
tive majority, including an
eviction moratorium and a
requirement for vaccines
or frequent testing in large
workplaces.
Those earlier programs
halted by the court were
billed largely as public
health measures intended to
slow the spread of COVID-19.
The loan forgiveness plan,
by contrast, is aimed at coun
tering the economic effects
of the pandemic.
Prelogar and some of the
liberal justices sought sev
eral times to turn the argu
ments back to the people
who would benefit from
the program. The adminis
tration says that 26 million
people have applied to have
up to $20,000 in federal stu
dent loans forgiven under
the plan.
“The states ask this court
to deny this vital relief to
millions of Americans,” she
said.
Justice Sonia Sotomayor
said her fellow justices will
be making a mistake if they
take for themselves, instead
of leaving it to education
experts, “the right to decide
how much aid to give” peo
ple who will struggle if the
program is struck down.
“Their financial situation
will be even worse because
once you default, the hard
ship on you is exponentially
greater. You can’t get credit.
You’re going to pay higher
prices for things,” Soto
mayor said.
But Roberts pointed to evi
dent favoritism.
He offered a hypothetical
example of a person who
passes up college to start a
lawn service with borrowed
money. “Nobody’s telling the
person who is trying to set up
the lawn service business
that he doesn’t have to pay
his loan,” Roberts said.
Republican-led states and
lawmakers in Congress, as
well as conservative legal
interests, are lined up against
the plan as a violation of
Biden’s executive authority.
Democratic-led states and
liberal interest groups are
backing the administration
in urging the court to allow
the plan to take effect.
The justices’ questions
mirrored the partisan politi
cal divide over the issue, with
conservatives arguing that
non-college workers should
not be penalized and liberals
arguing for the break for the
college educated.
Speaking on the eve of
the arguments, Biden had
said, “I’m confident the legal
authority to carry that plan is
there.”
The president, who once
doubted his own authority to
broadly cancel student debt,
first announced the program
in August. Legal challenges
quickly followed.
The administration says
the HEROES Act allows the
secretary of education to
waive or modify the terms
of federal student loans in
connection with a national
emergency. The law was
primarily intended to keep
service members from being
hurt financially while they
fought in wars in Afghani
stan and Iraq.
Nebraska and other states
that sued say the 20 million
borrowers who would have
their entire loans erased
would get a “windfall” leav
ing them better off than
before the pandemic.
“This is the creation
of a brand new program,
far beyond what Congress
intended,” Nebraska Solici
tor General James Campbell
said in court Tuesday.
The national emergency
is expected to end May 11,
but the administration says
the economic consequences
will persist, despite histori
cally low unemployment
and other signs of economic
strength.
BY MICHAEL PHILUS
AND MATTHEW DALY
Associated Press
WASHINGTON - Fed
eral officials sued a Loui
siana chemical maker on
Tuesday, alleging that it
presents an unacceptable
cancer risk to the nearby
majority-Black commu
nity and demanding cuts in
toxic emissions.
Denka Performance
Elastomer LLC makes syn
thetic rubber, emitting the
carcinogen chloroprene
and other chemicals in
such high concentrations
that it poses an unaccept
able cancer risk, according
to the federal complaint.
Children are particularly
vulnerable. There’s an ele
mentary school a half-mile
from the plant.
The former DuPont
plant has reduced its emis
sions over time, but the Jus
tice Department, suing on
behalf of the Environmen
tal Protection Agency, said
the plant still represents
“an imminent and sub
stantial endangerment to
public health and welfare,”
including elevated cancer
risks.
“The company has not
moved far enough or fast
enough to reduce emis
sions or ensure the safety
of the surrounding commu
nity,” EPA Administrator
Michael Regan said in a
statement.
Denka, a Japanese
company that bought the
rubber-making plant in
2015, did not immediately
respond to messages seek
ing comment. A company
spokesperson said in Sep
tember that advocates
described a crisis that “sim
ply does not exist.”
Denka’s facility makes
neoprene, a flexible, syn
thetic rubber used to pro
duce common goods such
as wetsuits, laptop sleeves,
orthopedic braces and
automotive belts and hoses.
Chloroprene is a liquid raw
material used to produce
neoprene and is emitted
into the air from various
areas at the facility.
Associate Attorney
General Vanita Gupta
said every community, no
matter its demographics,
should be able to breathe
clean air and drink clean
water. “Our suit aims to
stop Denka’s dangerous
pollution,” she said in a
statement.
The lawsuit, filed in the
Eastern District of Louisi
ana in New Orleans, seeks
a court order to force
Denka to take immediate
steps to reduce dangerous
emissions of chloroprene.
Air monitoring consistently
shows long-term chloro
prene concentrations in the
air near Denka’s LaPlace
plant as high as 15 times the
levels recommended for
a 70-year exposure to the
chemical, the complaint
says.
The complaint is the
latest move by the Biden
administration that tar
gets pollution in an 85-mile
stretch from New Orleans
to Baton Rouge officially
known as the Mississippi
River Chemical Corridor,
but more commonly called
Cancer Alley. The region
contains several hot spots
where cancer risks are
far above levels deemed
acceptable by the EPA.
The White House has pri
oritized environmental
enforcement in communi
ties overburdened by long
term pollution.
Regan visited the parish
in 2021 during a trip from
Mississippi to Texas that
highlighted low-income,
mostly minority communi
ties adversely affected by
industrial pollution.
4.00%
A TRULY GREAT RATE!
LETTERS
■ Continued from 6A
Jerusalem west of the
Green Line. This would
allow all foreign embassies
to be moved to Jerusalem.
Life is a series of deci
sions. Depending on the
choices we make, we live
with the consequences. If
we had upheld law for the
occupied Palestinians, then
we probably wouldn’t have
supported the overthrow
of Ukraine’s president.
That’s because we’d be a
different country today if
we had made the right deci
sion then. Thus, Ukraine
would remain a Russian
satellite, and there would
be no Russian invasion. It’s
not too late to remedy our
mistakes. Demand one stan
dard of justice. No more aid
for Ukraine until we have
given the same aid to occu
pied Palestinians.
Bruce Vandiver
Lula
Why do
Southerners
love guns?
Monday the 20th,
the Gainesville Times
announced a new status for
Gainesville as the fourth
largest urbanized area in
Georgia. The previous day,
on social media, the gun
debate moved to Flowery
Branch, a huge part of the
new urbanized area. Sev
eral people heard a string
of gunfire on Sunday, God’s
day of rest. Rightfully, some
people suspected danger.
Yet most people posted in
support of the gunfire with
out having any facts. They
defended the sound of gun
fire on Sunday afternoons
as a “Southern Tradition,”
“family backyard target
practice,” and completely
“safe.”
Someone even said, “I
love the smell of gunpowder
in the mornings. It smells
like Freedom.” That wor
ried me. The scariest com
ment was the ever present,
“I need my gun to protect
my family from criminals
with guns.” Do Southerners
need to fire off guns in their
backyard to stop crime?
I looked up statistics on
the worst crime in civilized
society: The murder of
police officers killed in the
line of duty with a gun.
In 2021,61 law enforce
ment officers were feloni
ously killed with a gun. In
comparison, 56 officers
died in accidents. Of the
61 killed with a gun, 44 of
those deaths happened in
the South. Of the shooters,
only 20 had been previously
arrested for a crime or
convicted of a crime. Police
officers are more likely to
die by a law abiding citizen
with a gun, not a felon.
Police officers are more
likely to be shot to death
in the South where private
citizens love to pack a gun.
Those backyard shooters
enjoying a good time on a
beautiful Sunday afternoon
could be tomorrow’s
cop killer.
Michael W. Parker
Flowery Branch
Oil companies not
as profitable as
you think
After reading the letter
in your Feb. 22-23 edition
headlined “Big oil profits,
national debt, and climate
crisis” it occurred to me
most people don’t really
understand the word
“profit” as it pertains to the
business world.
The numbers Mr. Lock
cited are the top line rev
enues and do not account
for operating expenses
and taxes. After these
expenses are applied the
result is a number defined
as net profit. This is the real
“bottom line” that is most
important to any business
and is universally seen as
the measure of a company’s
performance. Comparing
total revenues to net profit
results in the other magic
number called “profit
margin.”
Guess what, oil compa
nies make about 7 cents net
profit per gallon of gas. The
government (taxes) takes
about 48 cents per gallon of
gas. If 7 cents net profit per
gallon is “unimaginable,”
what is seven times that
amount taken by govern
ment? Using total top line
revenues to bash big oil is
disingenuous at best, and ill
informed at the worst.
Thomas Reiter
Gainesville
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