LEGAL MEMORANDUM: Is Dr. Mark Kantrowitz Correct Re: Student Loan Cancellation? Probably not. By Gordon Wayne Watts, Editor-in-Chief, The Register Full contact information in Curriculum Vitae at bottom ( / ) National Director, CONTRACT WITH AMERICA: PART II(TM) ( ) Published: Monday, 06 September 2021 Updated Wed., 08 Sept. 2021, Wed., 05 Jan. 2022, and Thr., 06 Jan. 2022 to correct minor typos **UPDATED ON TUESDAY, 12 OCTOBER 2021 to reflect breaking news from U.S. Department of Education[11] Abstract Is higher education financing expert, Mark Kantrowitz, correct in claims that Student Loan “forgiveness” by Executive Order is not legally allowed under the The Higher Education Act of 1965 (HEA) (Pub.L. 89–329), SEC.432(6), and codified at 20 USC 1082(a), which provides the Secretary of Education with the authority to“...modify, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption?” Mr. Kantrowitz recently wrote an article on The College Investor personal finance website, and my legal memo, here, will primarily focus on addressing the points he raised in that article, but I shall also address points raised by another legal memo titled “MEMORANDUM TO BETSY DeVOS, SECRETARY OF EDUCATION Re: Student Loan Principal Balance Cancellation, Compromise, Discharge, and Forgiveness Authority,” by Reed D. Rubinstein, Principal Deputy General Counsel, and also in favour of the view that the Secretary of education lacks this broad legal authority for a “debt jubilee,” as some call it. My legal memo, here, shall take a strict textualist legal analysis and address criticisms of this view—concluding that he is probably incorrect, and, in my references[9],I shall list eight (8) legal memos, six (6) of which agree with my interpretation of the law—but two (2) in dissent, in order to give a “fair” treatment to this issue—and hear all sides—and settle the matter once and for all. As shown in the datestamp, above, there was breaking news[11] that occurred after initial publication, which is reflected in this update: The U.S. Department of Education, which had previously said, in a memo dated January 12, 2021[9], that the 1965HEA did not confer broad “forgiveness” authority, and that it was bound by Federal Statutory authority otherwise, has, nonetheless, admitted that it is authorised to permit PSLF (Public Service Loan Forgiveness) participation by “loan types and payment plans that were not previously eligible” under current Federal Law (34 CFR § 685.219 - Public Service Loan Forgiveness Program), which begs the question: If the Dept of Ed is, by their own admission, breaking the law[11], we must ask: “How?” The only “legally valid” answer is if another law (besides 34CFR§685.219) gives them a grant of authority: Thus their own actions, here, speak louder than words, and thus the Dept of Ed admits that the 1965HEA does, indeed, grant them plenary and full authority to do what this memo, here, is claiming: The only “legal” way that DOE could expand PSLF beyond the limits of 34CFR§685.219 is if 1965HEA, or similar, grants them such “broad” authority: Obviously, it does, thus also permitting said “broad” cancellation. Suggested Citation: Watts, Gordon Wayne, LEGAL MEMORANDUM: Is Dr. Mark Kantrowitz Correct Re: Student Loan Cancellation? Probably not. (September 6, 2021). Available at CONTRACT WITH AMERICA: PART II(TM) in 3 file formats: * * * Preface: Gordon Wayne Watts is a Conservative Legal Scholar with the following credentials to verify: CONSERVATIVE LEGAL SCHOLAR CREDENTIALS: Besides nearly winning the legendary “pro-life” Terri Schiavo case, all by himself[1], he was also the only non-lawyer allowed by one Federal appeals court to submit an Amicus Curiae in a recent big gay marriage case[4], has published many guest columns, in places like The Ledger, decrying excessive taxing and spending[5], has a current pending Federal Civil Rights lawsuits against ten (10) sitting judges and justices in ILLINOIS[6], which has not been dismissed or thrown out, as of press time, and made a proper inter

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