HEROES Act

How Trump’s lawyers would fail my constitutional law class with their Supreme Court brief on criminal immunity

Retrieved on: 
Wednesday, April 3, 2024
Congress, Marbury v. Madison, Education, Policy, Crime, Judgement, The, Trump, Immunity, Lawyer, Supreme court, Air force, Constitution, Education Act, HEROES Act, Supreme, The Federalist Papers, Student

On March 19, 2024, Trump filed his brief with the U.S. Supreme Court in the case brought by special counsel Jack Smith for Trump’s alleged criminal attempts to overturn the 2020 election.

Key Points: 
  • On March 19, 2024, Trump filed his brief with the U.S. Supreme Court in the case brought by special counsel Jack Smith for Trump’s alleged criminal attempts to overturn the 2020 election.
  • To support his contention, Trump cites Supreme Court cases, the Federalist Papers, and other writings from legal scholars.
  • If a student of mine had submitted a brief making the arguments that Trump and his lawyers assert in their Supreme Court filing, I would have given them an F.

Sitting in judgment

  • But it is not standard practice to characterize those cases and documents as saying one thing when they say the complete opposite.
  • Trump begins by citing Marbury v. Madison from 1803, which is one of the court’s most consequential cases.
  • Trump also argues that, according to the Constitution, “federal courts cannot sit in judgment directly over the President’s official acts.” This assertion is contrary to scores of cases where federal courts have reviewed presidential acts.
  • That act grants the secretary of education the authority to “waive or modify” student loan programs during national emergencies.

Citing Kavanaugh

  • But the main legal question remains – whether a president holds, as Trump claims, absolute immunity from criminal investigations and prosecutions for a president’s official acts.
  • From a policy perspective, Trump claims that “functional considerations” warrant the absolute immunity that he seeks because if a president is subject to criminal liability, that legal exposure “will cripple … Presidential decisionmaking.”
  • To further this claim, Trump relies on a 2009 law review article by Judge Brett Kavanaugh, then of the U.S. Court of Appeals for the District of Columbia Circuit, who now sits on the Supreme Court.
  • Trump quotes Kavanaugh, who wrote that “a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President,” which Trump provides as evidence of support for the position that a president requires absolute immunity.
  • But even a cursory reading of Kavanaugh’s article reveals that Kavanaugh argued only for a deferral of a criminal prosecution until after a president leaves office.

Civil cases vs. criminal cases

  • Trump urges the court to extend the presidential immunity established in this civil case to criminal matters.
  • But he overlooks the fundamental difference between the civil justice system and the criminal justice system.
  • The purpose of the civil justice system is to make an injured party whole again.
  • But the purpose of the criminal justice system is to protect society, because crimes are understood to be harms against the public.


Wayne Unger does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

NCLA Notches Amicus Win Against Biden's Student Loan Debt Handout

Retrieved on: 
Friday, June 30, 2023
Executive branch of the government of Honduras, Justice, CARES Act, Trump, HEROES Act, Education Act, Administration, Congress, Treasury, O'Hara, U.S. Treasury, COVID-19, Supreme court, Law of the United Kingdom, NCLA, Court, Executive (government), Pharmaceutical industry, Joe Biden

Chief Justice John Roberts, writing for a 6-3 majority, stated, “The Secretary’s comprehensive debt cancellation plan is not a waiver because it augments and expands existing provisions dramatically.

Key Points: 
  • Chief Justice John Roberts, writing for a 6-3 majority, stated, “The Secretary’s comprehensive debt cancellation plan is not a waiver because it augments and expands existing provisions dramatically.
  • NCLA argued that ongoing suspension of payments and interest is just as unlawful as the larger debt-cancellation plan.
  • Whether it’s lockdowns, eviction moratoria, vaccine mandates, or now school loan debt cancellation, these are just not powers the Executive Branch possesses.
  • In this case, Congress explicitly limited the pause on student loan debt payments to a few short months.

Mackinac Center Asks Federal Court to Immediately Halt ED’s Unlawful Student Loan Payment Pause

Retrieved on: 
Thursday, May 11, 2023
Mackinac Center for Public Policy, Employment, Public policy, United States Department of Education, HEROES Act, Public Service Loan Forgiveness, Lawyer, Judgement, Education Act, Government, Congress, District court, COVID-19, Motion, NCLA, United States Department of the Treasury, PSLF, Douglas v. U.S. District Court ex rel Talk America, Security (finance), Education

This unauthorized, backdoor form of debt reduction disproportionately benefits high-income earners with larger loans, such as doctors and lawyers.

Key Points: 
  • This unauthorized, backdoor form of debt reduction disproportionately benefits high-income earners with larger loans, such as doctors and lawyers.
  • Congress suspended monthly payment obligations and interest accrual on federal student loans by law for six months in response to the Covid-19 pandemic.
  • This unlawful ongoing student-loan payment pause fits a familiar pattern that already played out in the context of the federal eviction moratorium.
  • First, Congress enacts a temporary economic-relief program, then an administrative agency extends that program indefinitely, and finally courts step in to halt the unlawful scheme.”

NCLA and Mackinac Center Challenge Unlawful Extensions of Federal Student Loan Deferments

Retrieved on: 
Thursday, April 6, 2023
Supreme, Mackinac Center for Public Policy, Office of Inspector General, U.S. Department of Health and Human Services, The Administrative State, Register, Public policy, United States Department of Education, Mackinac, Policy, HEROES Act, HEROES, Education Act, Higher, Congress, District court, Federal Register, COVID-19, Education Act 1944, Water, Supreme court, NCLA, Forgiveness, PSLF, Legal Affairs, Insurance, Bank, Management, Education

The lawsuit, Mackinac Center for Public Policy v. U.S. Department of Education, Miguel Cardona, and Richard Cordray, was filed on behalf of the Center in the U.S. District Court for the Eastern District of Michigan.

Key Points: 
  • The lawsuit, Mackinac Center for Public Policy v. U.S. Department of Education, Miguel Cardona, and Richard Cordray, was filed on behalf of the Center in the U.S. District Court for the Eastern District of Michigan.
  • When that statutory deferment period expired in September 2020, however, the department unilaterally extended it without congressional appropriation.
  • Congress enacted the Public Service Loan Forgiveness Program (PSLF) in 2007 to help 501(c)(3) nonprofit organizations like the Mackinac Center attract employees with a debt-relief incentive keyed to working ten years for nonprofits.
  • Just as the PSLF program benefits the states suing over the unlawful half-trillion in student loan debt cancellation, so too the Mackinac Center benefits as an employer from PSLF.

NCLA Amicus Brief Argues States Have Standing to Challenge Student Loan Debt Cancellation Plan

Retrieved on: 
Friday, February 3, 2023
Thought, HEROES Act, Employment, Cato, Public Service Loan Forgiveness, CARES Act, Congress, Law of the United Kingdom, Injury, Court, Joe Biden, Economic policy of the Joe Biden administration, Education Act, PSLF, Congressional oversight, Cato Institute, HEROES, District court, Supreme, Treasury, Supreme Court of the United Kingdom, NCLA, Supreme court, Insurance, Pharmaceutical industry, Education

NCLA’s brief offers the Court an alternative basis to find standing for the states, which has been a sticking point thus far in lawsuits against the Loan Cancellation Plan.

Key Points: 
  • NCLA’s brief offers the Court an alternative basis to find standing for the states, which has been a sticking point thus far in lawsuits against the Loan Cancellation Plan.
  • Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina would suffer concrete injuries from the government’s unlawful debt cancellation plan because it undermines the Public Service Loan Forgiveness (PSLF) program.
  • By cancelling their debt now, the Loan Cancellation Program reduces or removes the PSLF deferred-compensation incentive, thereby directly harming states’ ability to recruit and retain college-educated employees.
  • NCLA released the following statements:
    “As NCLA’s amicus brief shows, the states have standing to oppose this extravagant abuse of administrative power because the Loan Cancellation Program interferes with them as employers who hire employees eligible for the Congressionally created Public Service Loan Forgiveness program.

NCLA Amicus Brief Supports States’ Suit Against Biden Administration's Mass Student Loan Cancellation

Retrieved on: 
Tuesday, October 25, 2022
Injury, Treasury, Public Service Loan Forgiveness, United States Court of Appeals for the Eighth Circuit, Cato, District court, COVID-19, Congress, Government, Character, Organization, Department, Education Act, PSLF, The Administrative State, Movement, HEROES, List, NCLA, GLOBE, Joe Biden, Economic policy of the Joe Biden administration, Douglas v. U.S. District Court ex rel Talk America, Motion, HEROES Act, Employment, District, Constitution, Office of Inspector General, U.S. Department of Health and Human Services, Cato Institute, Public relations, Student, Education

NCLA urges the Eighth Circuit to halt the debt cancellation plan while it considers the States arguments on appeal because the plan is so obviously unconstitutional.

Key Points: 
  • NCLA urges the Eighth Circuit to halt the debt cancellation plan while it considers the States arguments on appeal because the plan is so obviously unconstitutional.
  • It is also an appropriation because any amount of canceled debt directly reduces funds that would otherwise flow into the Treasury.
  • In short, the Department of Education relies on an unconstitutional interpretation of the HEROES Act to justify its unlawful mass debt cancellation.
  • And, like nonprofit employers, States as employers will be irreparably harmed by the Biden Administrations unlawful infringement of the PSLFs incentive structure.

Biden’s Plan to Cancel Student Debt Undermines Nonprofits, Argues NCLA in Cato Institute Lawsuit

Retrieved on: 
Tuesday, October 18, 2022
Privacy Office of the U.S. Department of Homeland Security, Congress, The Administrative State, Movement, Senate, Government, Constitution, Lawyer, Cato Institute, United States Department of Education, Cato, John Davis (U.S. district court judge), District, Program, COVID-19, HEROES Act, NCLA, House, Office of the Supervising Architect for the U.S. Treasury, U.S. Department of Justice Office of Legislative Affairs, Exercise, Department, District court, HEROES, Office of Legal Counsel, Education Act, PSLF, ACLU, GLOBE, Public Service Loan Forgiveness, List of education ministries, Insurance, Public relations, Education, Student, Joe Biden

The Cato Institute is a nonprofit organization that promotes individual liberty, limited government, free markets, and peaceful international relations.

Key Points: 
  • The Cato Institute is a nonprofit organization that promotes individual liberty, limited government, free markets, and peaceful international relations.
  • Like other nonprofits, including the ACLU and NCLA, it attracts and retains talented employees who have student loans with incentives enacted by Congress through the PSLF program.
  • The Biden administrations effort to cancel massive amounts of student loan debt, an exercise of legislative power, is as illegal as it is irresponsible.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.

Cornerstone Training & Consulting Support $21M Grant Funding for Infection Diseases Amidst New York State Mandate

Retrieved on: 
Friday, August 6, 2021
Online, Workplace, CTI, Organization, Occupational Safety and Health Administration, Safety, CEO, COVID-19, Office of Inspector General, U.S. Department of Health and Human Services, U.S. Department of Labor, Office of Inspector General, NY, HEROES Act, Certification, Poanes yehl, Fear, Health, VP, Disinfectant, Infection, New York State Department of Labor, HR, Management

The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic.

Key Points: 
  • The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic.
  • Under this new law, the New York State Department of Labor, in consultation with the NYS Department of Health, has developed a new Airborne Infectious Disease Exposure Prevention Standard.
  • With these new mandates comes additional cost for employers and organizations to properly train and roll out new protocols.
  • To help organizations bearthis, The U.S. Department of Labor announced June 24th funding opportunities for more than $21 million in Occupational Safety and Health Administration training grants for non-profit organizations.

ECEC Applauds House Passage of the HEROES Act 2.0

Retrieved on: 
Friday, October 2, 2020
HEROES Act, HEALS Act, Child care, Articles, Academic disciplines

Through the passage of this bill, House Democrats have made clear that they recognize the importance of providing assistance for child care providers, given the essential role the industry plays in our nation's economic recovery.

Key Points: 
  • Through the passage of this bill, House Democrats have made clear that they recognize the importance of providing assistance for child care providers, given the essential role the industry plays in our nation's economic recovery.
  • Providers are in dire straitsoperational expenses for Early Care and Education Consortium (ECEC) members are about 35% higher than they were pre-COVID-19 while enrollment has declined by about 30%.
  • ECEC is incredibly grateful for the HEROES Act's investment in our sector.
  • Senate Republicans included $15 billion in emergency funding for child care in both the HEALS Act and the Delivering Immediate Relief to America's Families, Schools and Small Businesses Act.

Hoffa: House-Passed Stimulus Bill Brings Much-Needed Relief To U.S. Workers

Retrieved on: 
Friday, October 2, 2020
Consolidated Omnibus Budget Reconciliation Act, Presidency of Ronald Reagan, International Brotherhood of Teamsters, Pension, HEROES Act, Trade unions

It also boosts pension plans and workplace safety provisions.

Key Points: 
  • It also boosts pension plans and workplace safety provisions.
  • "But we are disappointed that the GROW Act that would allow the creation of so-called composite pension plans was included in the legislation.
  • It is also essential that any final stimulus package include the COBRA subsidies that were in the original HEROES Act, so that laid-off workers have the option to affordably continue the coverage they receive through employers.
  • Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico.