06/30/2023
Federal loan borrowers will need to navigate their loans soon, and won't see debt relief.
The Supreme Court just blocked the Education Department from canceling up to $20,000 of student debt owed by tens of millions of Americans, thwarting one of President Biden's biggest domestic priorities as he campaigns for reelection.
In a 6-3 decision, the court’s conservative majority ruled that Biden’s effort to erase roughly $400 billion of student debt was an illegal use of executive power.
Chief Justice John Roberts, writing for all his GOP-appointed colleagues, rejected the Biden administration’s argument that it could enact mass debt forgiveness by using emergency “waiver” powers tied to the Covid-19 pandemic. Roberts wrote that the HEROES Act “allows the Secretary to ‘waive or modify’ existing statutory or regulatory provisions” but not to “rewrite” the federal law on student loans “from the ground up.”
Meanwhile, Justice Elena Kagan’s dissent painted the court’s move as a troubling act of judicial overreach and said it fit a pattern of the court’s conservative majority intruding into actions that should be left to the political branches:
“The Court refuses to acknowledge the plain words of the HEROES Act. It declines to respect Congress’s decision to give broad emergency powers to the” secretary of education, Kagan wrote. “It does not let the political system, with its mechanisms of accountability, operate as normal. It makes itself the decisionmaker on, of all things, federal student-loan policy. And then, perchance, it wonders why it has only compounded the ‘sharp debates” in the country?”
Today's decision immediately upends debt relief the Education Department approved last fall for 16 million borrowers and the pending applications for millions of additional borrowers. It also creates fresh political challenges for White House, which will face pressure from progressives to make good on Biden’s promised loan forgiveness despite the legal setback.
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