SCOTUS Conservatives Cool To Biden’s Student Loan Cancellation Plan

Conservatives justify the U.S. Supreme Court took aim at President Joe Biden’s plan for canceling some $400 billion in student loans and sticking taxpayers with the bill, implying Congressional approval  may be required.

Biden, under Education Secretary Miguel Cardona announced in August that the Department of Education would unilaterally cancel unpaid loans up to $20,000 for 40 million borrowers. The administration claimed that the plan was legal under the HEROES Law of 2003. This law was enacted during Iraqi war to provide relief to military personnel and their families. It temporarily freezes student loans in times of national emergency or war.

Chief Justice John Roberts It was pointed out In 2020, Trump’s administration was stopped by the high-court from unilaterally ending Obama’s DREAMers program. He had to get Congress approval. Justice Clarence Thomas stated that Cardona’s order was invalid. “runs into Congress’ appropriations authority.”

The Court will consider the following questions: Biden v. Nebraska The plan is being challenged by six states. It also identifies whether Cardona has exceeded statutory authority or if the plan is arbitrary.

The HEROES Act allows the secretary of education, to waive or modify student loan requirements for individuals who are residing in or working in a disaster zone related to a national emergency or war. U.S. U.S.

However, the law’s authors, officially called the Higher Education Relief Opportunities for Students Act, were Congressmen Howard “Buck” John Kline (R–MN) and McKeon (R–CA), both Marines veterans of 25 years, did not intend their legislation to be used for blanket cancellation of loans.

Although the HEROES Act did not authorize loan forgiveness, it gave the secretary of education the authority to freeze loan payments for students whose education had been interrupted by military service.

According to an Anonymous source, Biden’s plan infringed the HEROES act in multiple ways. Amicus brief Pacific Legal Foundation. The act does not authorize loan forgiveness in total. It also prohibits any actions that could be. “impair the integrity of the student financial assistance programs,” According to the foundation, The brief also noted that the Biden policy makes no effort to isolate borrowers who can show they suffered economic harm as a “direct result” The pandemic and emphasized the fact that payments have been suspended since its inception.

Justice Neil Gorsuch indicated previously that he would also be reining in the Executive Branch, if he feels it has exceeded its authority.

“When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands,” Last year, in A view that restricts the Executive Branch powers. “But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives.”

*As an Amazon Associate I earn from qualifying purchases