Joe Biden has suffered another crushing defeat over his illegal scheme to “forgive” student debt. The president has faced a challenge from six GOP-led states since he signed his order prior to the 2022 election.

In late October, the 8th Circuit put an administrative stay in place that led the Biden administration to stop accepting applications for debt forgiveness. Now, the 5th Circuit has delivered its own smackdown, denying the request to lift the stay.

A three-judge panel (one Bush appointee, one Obama appointee, one Trump appointee) of the Fifth Circuit rejects President Biden’s request to lift the stay on his illegal student loan plan so that he can execute it while the lawsuit is pending. https://t.co/wMCs7LO8n5

— Charles C. W. Cooke (@charlescwcooke) December 1, 2022

That makes two defeats in the appeals court system, and that’s left Biden with no choice but to throw up a duck of a pass from the 50-yard line, in hopes of someone coming down with it. Namely, he’s going to ask the Supreme Court to intervene, per Fox News.

Biden’s Department of Justice previously said it would request the U.S. Supreme Court to intervene if the 5th circuit denied the appeal.

The 5th circuit court case, brought by plaintiffs Myra Brown and Alexander Taylor, is one of two decisions preventing the U.S. Department of Education to move forward with the student loan program which is estimated to cost over $400 billion.

Does anyone want to place a bet on whether the Supreme Court is going to side with Biden on this or not? There’s some irony in the fact that Democrats just spent the last year calling the court illegitimate, but now want it to rule in their favor on a clear abuse of power. Given the conservative bloc now makes the decisions, that’s just not going to happen.

Nor should it happen. The President of the United States does not have the power to unilaterally declare an emergency and cancel student debt on the backs of taxpayers. The HEROES Act being cited by the administration was meant to apply to service members during actual national security emergencies. Continuing to call COVID-19 a national emergency at this point is farcical, and it’s long past time for the Supreme Court to rein in the ability of government officials to just wave their hand in such a manner. Biden himself has proclaimed the pandemic is over, and he was right to do so.

The White House is running out of options here. They’ve lost in the lower courts, and the Supreme Court isn’t going to side with them. That means this is now all politics, in the sense that the president and his party are just going to be looking for someone to blame. This all ends with Biden giving another meandering speech calling the Supreme Court a blight on democracy. Write it down.