Welcome to the second edition of the Biden Tracking Weekly newsletter. This week, we got new updates on Biden’s student debt relief plan, an order for the Biden administration to end Title 42 and the Biden administration moving to shield MBS in lawsuit over his role of the murder of Jamal Khashoggi. It is Monday, November 21st, Day 671 of the Biden presidency.
Monday, November 14th (Day 663)
Updates on student debt relief
On Monday, a second court, the 8th circuit, blocked President Biden’s student debt relief. (Click here for my thoughts on the situation.) In response, the Washington Post reported that the Biden administration was considering extending the student loan payment pause. I think that should be a no-brainer for the Biden admin.
Biden says Democrats will not be able to pass abortion-rights legislation
In response to a question on Monday about what Americans should do on abortion access, President Biden responded by saying “I don’t think there’s enough votes to codify unless something happens unusual in the House.” As I said on Twitter, it seems foolish for Biden to be saying this. Abortion rights, as the NBC News article above reports, was a major driver for votes in the midterms. It is not totally improbable, especially in a close house, for Republicans and more conservative Democrats to be more supportive of the codification of Roe.
New statistics about Haitian deportations
On Monday, The Nation published a very troubling article on Haitian deportees. Since Biden was inaugurated, 277 deportation flights to Haiti with 27,000 people, including children, have taken off.
Biden admin requests $10 billion for public health funds from congress
On Monday, The Washington Post reported that the Biden administration would be requesting $10 billion dollars for public health efforts, as part of an emergency funding request. The Biden administration specifically asked for $9.25 billion for COVID response efforts and $725 million to combat diseases such as such as hepatitis C and monkeypox. This is the fourth time the Biden administration has made such a funding request, in previous efforts, as the great Stephen Semler notes, the Biden administration has signed spending bills without COVID funding.
Tuesday, November 15th (Day 664)
Federal judge orders the end of Title 42
On Tuesday, a federal judge ordered the Biden administration to end Title 42, ruling it was "arbitrary and capricious in violation of the Administrative Procedure Act." Title 42 is a Trump era program that allowed the Biden administration to expel migrants without a hearing. The Biden administration had just recently expanded the program to include Venezuelans. In response, the Biden administration requested and was granted a stay, which will allow the Biden administration to continue to use Title 42 for five more weeks, until December 21st, so that they can transition to other border control programs.
Thursday, November 17th (Day 666)
Biden administration asks Supreme Court to revive Student Debt Plan
In a last ditch effort to revive its student debt relief, Politico reported on Thursday that the Biden administration is going to request that the Supreme Court allow its plan. Specifically, the Biden administration asked the court to reverse an injunction blocking relief issued by the 8th Circuit Court of Appeals. Separately, the Justice Department is asking the 5th Circuit Court of Appeals to put on hold a decision by a district court judge in Texas to strike down the debt relief program as illegal. The DOJ asked for a ruling from that appeals court by Dec. 1 “to allow the government to seek relief from the Supreme Court” if needed. This appears to be a last ditch effort by the Biden administration, and its not clear what the Biden administration would do if this effort failed. As I’ve argued before, by using the Higher Education Act, the Biden admin would have a better precedent for Student Loan relief.
Biden administration helps bankrupt student loan borrowers
On Thursday, The Lever reported that the Department of Justice will no longer oppose efforts by student loan borrowers to have their debt discharged through bankruptcy. The only stipulation is the borrower must be unable to pay these loans because their expenses equal or exceed their income, this inability to pay is likely to persist, and the debtor has made “good faith efforts” to “earn income, manage expenses, and repay their loan.” The Biden administration has been criticized for appealing efforts by borrowers to eliminate student debt through bankruptcy.
Biden administration moves to shield MBS in lawsuit over his role of the murder of Jamal Khashoggi
The Biden administration argued on Thursday that Saudi Crown Prince Mohammed bin Salman’s high office should shield him from a lawsuit over his role in the murder of Washington Post journalist Jamal Khashoggi. A judge will have to make the final decision on if MBS deserves immunity in this case. The Biden administration argued that this was DOJ policy and had nothing to do with politics, however the Biden administration also had the option of not stating an opinion either way. Regardless, this is a far cry from Candidate Biden’s vow to make a “pariah” out of Saudi rulers. The Washington Post, in a statement, said that by taking this action, “President Biden is turning is back on fundamental principles of press freedom and equality. The American people—and those wronged by MBS in Saudi Arabia and around the world—deserve better."
Friday, November 18th (Day 667)
White House tells Rail Unions and Rail Companies that a strike would be “unacceptable”
Bloomberg reported on Friday that the Biden administration had told rail unions and rail companies “that a shutdown is unacceptable and urged both sides to work in good faith to avoid even the threat of a shutdown.” In Early November, labor secretary Marty Walsh said that if there was a strike, congress should step in and impose a contract on rail workers. This will be especially important to watch as on Monday (as I copy edit this), the largest rail union in the country, SMART-TD, voted against the tentative agreement made by the Biden administration for the parties in September. Certainly something to watch in the coming weeks.
Thanks for reading this weeks edition of the Biden Tracking newsletter. If this is something you think others would be interested in, don’t forget to share!
Feedback is always welcome, emails can be sent to bidentracking@gmail.com. The next edition will be sent on Monday, December 5th at 8PM ET. (No edition next week. Have a Happy Thanksgiving!)