The Biden administration has filed a brief in support of the student loan forgiveness program.
President Biden’s student loan forgiveness plan includes up $10,000 in relief for federal student loans and up to $20,000 in relief for borrowers who also received the Pell Grant. The initiative stemmed from a campaign promise that Biden made during the 2020 election cycle.
The plan has been challenged in court by conservatives and has been temporarily blocked pending a decision from the federal court system, but the U.S. Supreme Court has agreed to hear arguments on the matter.
Opponents of the plan have argued that the Executive branch doesn’t have the legal authority or power to implement such a massive program. Proponents have argued that the executive branch does have the authority through the HEROES Act. That debate is the primary subject of the brief:
“The plain language of the HEROES Act authorizes the plan” says the brief. “The operative text empowers the Secretary to respond to a “national emergency” by “waiv[ing] or modify[ing] any statutory or regulatory provision” governing the federal student loan programs in order to “ensure” that affected student-loan borrowers are not “placed in a worse position financially” in relation to their loans because of the emergency.”
When the arguments start conservatives will have a built-in advantage as they currently have a 3 to 6 advantage on the bench.