President Biden’s far-reaching initiative to forgive student loan debt will be debated this week before a Supreme Court that is skeptical of the administration’s bold claims of power — a nearly half-trillion-dollar showdown that could affect more than 40 million Americans.
Tuesday’s oral arguments bring together a string of combustible issues: an ambitious program aimed at fulfilling a campaign promise for Biden’s political base; heightened suspicion by the Supreme Court’s conservative supermajority about the ability of federal agencies to act without specific congressional authorization; and the power of Republican-led states to use the judiciary to stop a president’s priorities before they even take effect.
“Canceling hundreds of billions of dollars in student loans — through a decree that extends to nearly all borrowers — is a breathtaking assertion of power,” Nebraska Attorney General Michael T. Hilgers (R) writes in a brief filed on behalf of his and five other GOP-led states.
Education Secretary Miguel Cardona says the administration has the authority to forgive student loan debt under the Higher Education Relief Opportunities for Students Act of 2003. It allows the secretary to waive or modify loan provisions in response to a national emergency — in this case the coronavirus pandemic.
Cardona proposed a plan that would eliminate up to $10,000 of student debt for borrowers earning up to $125,000 annually, or up to $250,000 for married couples. Those who received Pell Grants, a form of financial aid for low- and middle-income students, are eligible for an additional $10,000 in forgiveness. About 20 million borrowers could see their balances wiped clean.