In his ruling, US District judge Mark Pittman sided with the Job Creators Network Foundation, who petitioned for a motion to end the program on the grounds that the government violated federal procedure.
"Whether the Program constitutes good public policy is not the role of this Court to determine," Pittman wrote in his ruling. "Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States."
"In this country, we are not ruled by an all-powerful executive with a pen and a phone," he continued. "Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government ... The Court is not blind to the current political division in our country. But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved. And having interpreted the HEROES Act, the Court holds that it does not provide 'clear congressional authorization' for the Program proposed by the Secretary."
This article belies -- that the debt is honorable debt -- that should be paid back. It is not. Let's start there before casting moral judgement (I think). This act of creating more debt to pay debt (for the students) doesn't help us get out from under the bankers, but it is better than "investing" in more retarded foreign wars to acquire collateral so the debt can keep piling up regardless.