Also, why it may not
Photo: SHAWN THEW/EPA-EFE/Shutterstockto wipe no less than $10,000 off the student-loan balances of roughly 40 million Americans. Seven months later, Uncle Sam has yet to pay up, and there’s a decent chance he never will.
Most analysts believe that the first case won’t pass muster, even with the Supreme Court’s ideologically sympathetic conservative majority. Biden’s policy is founded on a 2003 law called the Higher Education Relief Opportunities for Students Act, which gives the Department of Education the authority to cancel student loans en masse in the event of “a national emergency,” such as the COVID pandemic. That law alsoSo, the substantive argument inlooks weak. And the case for standing is even weaker.
In other words, unless a law explicitly empowers a federal agency to set policies of great significance, the Court will assume that an agency that proposes such policies is overstepping its authority. Of course, neither the Constitution nor any U.S. law mandates that our government’s fiscal policies cannot benefit affluent college graduates at blue-collar workers’ expense . But Roberts also made clear that the scope of forgiveness offered by the Biden program rendered it a policy of vast significance in his estimation.
With six conservative justices, even if one were to unexpectedly side with the liberals, Biden’s policy would still be overturned. Thus, if all that was at stake inwere whether the DOE lacked authority to cancel student debt en masse, borrowers could probably kiss forgiveness good-bye.
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