POLITICO NIGHTLY: The student debt relief whiplash

BY MICHAEL STRATFORD With help from Steven Overly President Joe Biden speaks about student loan debt relief at Delaware State University on Oct. 21. | AP Photo/Evan Vucci FINAL EXAM — Heading into the two-week homestretch of the midterm election, President Joe Biden’s student debt relief plan is rippling across the campaign trail. It’s not exactly getting the attention of top-tier issues like the economy, crime and abortion rights, but it’s still surfacing in ads in a number of key contests. GOP groups are using the student debt relief as an attack point against Democratic Senate candidates in pivotal races in Wisconsin and North Carolina , framing it as a fiscally irresponsible and unfair handout to wealthy Americans who don’t need the help. Many Democrats in close races have indeed distanced themselves from the plan. One notable outlier: Sen. Raphael Warnock (D-Ga.), who publicly and privately urged Biden to move forward with debt relief. Warnock’s campaign has run digital ads promoting debt relief, and a recent TV ad touting his Senate record notes he “pushed the president to relieve student loan debt.” Biden’s plan to use executive action was always going to be a political lightning rod. It was all but guaranteed to draw legal challenges from GOP critics, who made clear from the beginning that they think it’s an illegal abuse of authority, not to mention bad policy. Still, the wide range of lawsuits across the country challenging the program has produced a bit of whiplash over the last few days — and a bit of a guessing game about what’s next for the sweeping debt relief program. A handful of GOP-appointed judges, including Supreme Court Justice Amy Coney Barrett, dealt the administration some early legal victories last week. But then, on Friday, the 8th Circuit Court of Appeals temporarily halted the debt relief as it weighs an emergency request from Republican attorneys generals to block the program. The federal appeals court, in which all but one of the judges are Republican appointees, could reach a decision as soon as this week. And there are more than a half-dozen other related lawsuits from GOP officials or conservative groups being filed across the country. Biden will, of course, need the federal courts — eventually the Supreme Court, most likely — to uphold his unprecedented plan to cancel large swaths of outstanding federal student debt on his own. But beyond the legal battles, the success of Biden’s debt relief program is going to hinge on the administration’s ability to get borrowers to sign up for it. Some progressives have worried that means-testing debt relief and requiring an application process would throw up roadblocks. So far, though, the Education Department has pulled off a smooth initial roll-out. The application on StudentAid.gov is short, simple and can be filled out in a few minutes. It also, importantly, hasn’t crashed even as millions descend on the site. Biden took credit for that success last week, noting that his team took pains to avoid a repeat of the infamous technology meltdown at the launch of the Affordable Care Act’s website. As of Friday, about 22 million Americans had already applied for student debt relief, the vast majority of whom had filled out the forms on their phones, Biden said. That’s a feat that surpassed the expectations of even some of the administration’s outside allies. After the first week, roughly half of the more than 40 million borrowers who are likely eligible for the program have now applied for it. But mobilizing the second half of borrowers to sign up — those who perhaps haven’t been paying attention to the news — is expected to be more difficult. And Biden officials don’t want headlines about the legal uncertainty to discourage borrowers from continuing to apply for relief. Officials have emphasized that they’re moving “full speed ahead” with the program and continue encouraging borrowers to sign up at StudentAid.gov . The court order is “not going to stop our message,” said Karine Jean-Pierre, the White House press secretary, on Monday, noting that the Education Department is going to continue processing the applications it receives even if it’s currently barred from actually discharging the debt. While the Education Department has pulled off the initial launch without any major operational hiccups, there are still important tests for the agency in the coming months. Some borrowers who applied will face secondary scrutiny: An estimated 1 to 5 million borrowers will have to prove their income to the Education Department by logging in to a website and uploading their tax documents before they see relief. And it will be up to the department’s contracted loan servicers to ultimately carry out the loan forgiveness — which is not something the federal student loan system has historically excelled at in the past. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s author at mstratford@politico.com or on Twitter at @mstratford .   NEW AND IMPROVED POLITICO APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. With a fresh look and improved features, the sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. Already a POLITICO app user? Upgrade today! DOWNLOAD FOR iOS  – DOWNLOAD FOR ANDROID .     DEBATE NIGHT Lt. Gov. John Fetterman at a rally. | Mark Makela/Getty Images COMMOTION OVER CAPTIONS — There are many reasons to watch tonight’s Pennsylvania Senate debate: It’s an incredibly tight race that could determine control of the Senate. It will pit a TV-polished, celebrity doctor against a less-than-refined, hoodie-wearing state politician. And, perhaps most uniquely, it will mark a rare and high-profile moment for disability representation in politics, Steven Overly emails Nightly. Democratic Lt. Gov. John Fetterman will use captions to read questions and comments in real time during the hourlong debate against his Republican opponent, Mehmet Oz. It’s an accommodation he requires due to an auditory processing disorder that causes him to miss or misunderstand certain words, a lingering side effect of the near-fatal stroke he suffered in May. Fetterman spent the early summer recovering from his stroke, campaigning virtually from his home. He has begun to resume a more public campaign schedule in recent months, but Oz’s campaign has piled on Fetterman’s health, his relative absence from the trail and his overall fitness for office. The captions Fetterman will use in the debate are a basic accommodation that people who are deaf, hard of hearing or have other auditory challenges use every day — when watching television or movies, attending plays or prayer services, or sitting in a class or meeting. But Fetterman will be perhaps the most high-profile political candidate to require this assistive technology and do so in a live forum expected to be seen by a huge number of Pennsylvanians on television this evening, and many more online over the coming days. Disability advocates say it’s an uncommon opportunity to bring awareness to the legally protected accommodations people with disabilities may require and give courage to those who fear being judged for requesting them — even if Fetterman’s need for captions will almost certainly be pilloried by his Republican critics. “A wide use of accessible technologies is a good thing, and it breaks down that stigma,” said Barbara Kelley, executive director of the Hearing Loss Association of America. “Any type of technology that somebody needs to be on an equal playing field shouldn’t matter, and they should get what they need to fully participate.” There are 37.5 million American adults with hearing difficulties and 61 million who live with some form of disability, according to CDC data. In Pennsylvania alone, the CDC estimates 2.7 million adults have a disability — roughly a quarter of the adult population. That’s a large swath of prospective voters who likely have some empathy for Fetterman’s circumstances and, perhaps, heightened sensitivity to criticism. Oz’s campaign will likely seek to make the argument that Fetterman is unfit for office without alienating voters by appearing to mock his disability. Fetterman’s campaign is bracing for attacks on his debate performance. In a memo to reporters , the campaign cautioned debate watchers to expect delays and miscommunications. It also acknowledged that Fetterman has not performed well in debates even prior to his stroke, seeking to manage expectations. “We are prepared for Oz’s allies and right-wing media to … try to paint John in a negative light because of awkward pauses, missing some words and mushing other words together,” his campaign wrote. The response to an NBC News interview Fetterman conducted using captions earlier this month offered a glimpse at the criticisms and questions likely headed his way tonight. The Republican National Committee tweeted a video montage of Fetterman stumbling over certain words, another symptom of his auditory processing disorder. And one reporter mused on Twitter: “Will Pennsylvanians be comfortable with someone representing them who had to conduct a TV interview this way?” There’s 2.7 million who just might be.   JOIN WOMEN RULE THURSDAY FOR A TALK WITH DEPARTING MEMBERS OF CONGRESS: A historic wave of retirements is hitting Congress, including several prominent Democratic women such as Illinois Rep. Cheri Bustos, House Democrats’ former campaign chief. What is driving their departures? Join POLITICO on Oct. 27 for “The Exit Interview,” a virtual event that will feature a conversation with departing members where they'll explain why they decided to leave office and what challenges face their parties ahead. REGISTER HERE .     POLL WATCHER 46 percent The percentage of likely voters who support Republican Gov. Greg Abbott in Texas, according to a new poll from Univision . That’s compared with 42 percent who support Democratic challenger Beto O’Rourke. Fifty percent of respondents agreed that inflation was the most important issue for Congress and the president to address, a full 33 points more than the second-most important issue, mass shootings and gun safety policy, at 17 percent. WHAT'D I MISS? Rep. Pramila Jayapal, the chair of the progressive caucus. | Drew Angerer/Getty Images — House progressives retract Russia-diplomacy letter amid Dem firestorm: House progressives today retracted a letter calling on Biden to engage in direct diplomacy with Russia over Ukraine, less than 24 hours after it sparked intense backlash from other Democrats. The about-face comes as some Democratic lawmakers vent their fury that the letter backing talks with Russian President Vladimir Putin — originally drafted and signed in June — wasn’t recirculated before its public release on Monday. That release made it appear that the 30 House Democrats who signed on, all lawmakers in the roughly 100-member Congressional Progressive Caucus, were urging the Biden administration to push for diplomacy immediately despite Russia’s engagement in war crimes and indications of a military escalation against Ukraine. — Russian court rejects Griner appeal against 9-year sentence: A Russian court today upheld the nine-year prison sentence handed to American basketball star Brittney Griner for drug possession, rejecting her appeal. Griner is now scheduled to be remanded to a Russian labor camp. — National Archives denies Trump referral to DOJ was connected to Dems: The National Archives is denying Republican accusations that its decision to refer Donald Trump’s handling of classified records to the Justice Department had anything to do with an inquiry from a top House Democrat. House Republicans have been raising questions over the timing of the referral, which occurred on Feb. 9 — the same day House Oversight Chair Carolyn Maloney (D-N.Y.) wrote to the agency to raise questions about Trump’s handling of sensitive documents that he retained at his Mar-a-Lago estate. But that timing is “entirely coincidental,” acting National Archivist Debra Steidel Wall wrote in a letter to congressional Republicans today. — Former Defense Secretary Ash Carter dead at 68: Former Defense Secretary Ashton Carter died Monday evening in Boston of a sudden cardiac event . Carter served as secretary of Defense under former President Barack Obama from February 2015 to January 2017. He was also a public policy professor who directed the Belfer Center for Science and International Affairs at Harvard Kennedy School up until his death. — Adidas ends partnership with Kanye West over antisemitic remarks: Adidas has ended its partnership with the rapper formerly known as Kanye West over his offensive and antisemitic remarks, the latest company to cut ties with Ye and a decision that the German sportwear company said would hit its bottom line. “Adidas does not tolerate antisemitism and any other sort of hate speech,” the company said in a statement today. AROUND THE WORLD MIDDLE PATH — Biden faces growing calls from activists and even a former crown prince to openly back regime change in Iran as the country’s Islamist rulers face a wave of protests. But Biden and his aides are unwilling to go that far, writes Nahal Toosi . Instead, the administration is charting a middle path — one that voices support for the Iranian protesters and helps them through both easing and imposing some sanctions, but which falls short of an all-out pressure campaign to isolate Iran’s government or abandon nuclear talks with the regime, according to six U.S. officials familiar with the issue. This week, the administration is expected to unveil more sanctions on Iran related to the protests. Among the possible targets are mid-level Iranian police commanders who have abused demonstrators. The overall strategy is likely to disappoint many in a complex constellation of activists whose voices are driving much of the public debate about the Iranian regime. It also could make crafting U.S. policy toward the Middle East even harder, especially if Iran’s regime snuffs out the protests and emerges more emboldened to pursue a nuclear program and cause trouble in the region. NIGHTLY NUMBER $18 million The amount of additional money that Biden is directing to House and Senate campaign committees from the DNC , which he can do unilaterally in his capacity as the head of the Democratic Party. He’s transferring $10 million directly from the DNC coffers and pledging to raise $8 million more. RADAR SWEEP AH-CHOO — “Any food allergies?” It’s something that, strolling past a restaurant, you might hear more than ever. And there’s a reason why — allergies themselves, among children and adults, are on the rise . Why now? Umair Irfan investigates for Vox. PARTING IMAGE King Charles III welcomes Rishi Sunak during an audience at Buckingham Palace, London, where he invited the newly elected leader of the Conservative Party to become prime minister and form a new government today. | Aaron Chown/Pool photo via AP Did someone forward this email to you?  Sign up here .   Follow us on Twitter Charlie Mahtesian @PoliticoCharlie Calder McHugh @calder_mchugh Naomi Andu @naomiandu   FOLLOW US

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