The Supreme Court will hear oral arguments tomorrow in two cases that will decide the fate of President Biden’s plan to cancel student loan debt. What to know about Tuesday’s student loan showdown ⬇️
Republican and Democratic architects of the bipartisan law have each submitted dueling amicus briefs about whether Congress intended for the HEROES Act to be used for the type of mass debt relief the Biden administration is proposing.
The law says that the Secretary of Education may “waive or modify any statutory or regulatory provision” related to federal student loans “as may be necessary to ensure that” borrowers “are not placed in a worse position financially” because of a national emergency. Covid-19 is such an emergency, the administration contends. And canceling debt for most borrowers will help avoid a surge of delinquencies and defaults when payments resume for the first time since the pandemic began, the administration argues.
The GOP states counter that the program “rests on a tenuous and pretextual connection to a national emergency.” And in any event, they argue, the administration is seeking to make many borrowers much better off, not merely guarding against the chance they’re in a “worse” financial position because of the pandemic.The administration is presenting its case before a Supreme Court that’s already shown hostility to some of his other high-profile pandemic-era policies.
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