3 major questions that the Supreme Court may ask when determining the outcome of the student pardon

Protesters calling for student loan debt relief demonstrate outside the Republican National Committee’s Washington, DC office on November 18, 2022.

Paul Morigi | Getty Images Entertainment | Getty Images

With the President Joe BidenWith the student loan forgiveness plan on hold, tens of millions of Americans who borrowed for their college educations remain in the dark about the future of their debts.

It’s hard to overstate the consequences of that uncertainty: Student debt makes it harder for people buy a house, start a family and businessand save for their old age.

Now nine judges of the Supreme Court have agreed to review the policy. The country’s highest court will hear legal arguments about the president’s plan, which faces at least six lawsuits, on February 28.

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“The validity of the decision of the Supreme Court will determine, for the time being, all cases related to the forgiveness of loans,” And Urmana law professor at Northeastern University, said in an earlier interview with CNBC.

These are the three main questions that may be considered by the court, according to the experts.

1. Do the plaintiffs have standing?

In one of the lawsuits to be considered by the high court, six GOP-led states are arguing that the amnesty will hurt the profits of companies in their states that service student loans. federal. Another legal challenge there are two plaintiffs who claim that they have been harmed by the policy due to the fact that there is a partial or complete exclusion from help.

Higher education expert Mark Kantrowitz does not believe plaintiffs have successfully proven an injury through student loan forgiveness. However, he added, that does not mean they will fail.

“The US Supreme Court may decide to consider the case on the merits regardless of the legal status,” Kantrowitz said. “That would be a break from the norm, but this court has shown a willingness to break with precedent.”

2. Does the president have the authority to cancel student loans?

At an estimated cost of approx $400 billion, Biden’s plan to forgive student loans is one of the most expensive actions in history. Judges may examine whether the president has the authority to implement the policy.

The Biden administration said it was working within the law, pointing out that the Heroes Act of 2003 gives the U.S. education secretary the authority to make changes related to student loans over time. national emergencies. The country is active eunder an emergency declaration due to Goofy since March 2020.

The US Supreme Court may decide to consider the case on its merits regardless of the legal status.

Mark Kantrowitz

professionals in higher education

3. Did Congress authorize such action?

The Tribe hopes that the judges will visit the said event basic principles in deciding the outcome of Biden’s student amnesty plan. Under this doctrine, the Supreme Court looks to see whether congressional legislation clearly supports a government agency’s actions. in a matter that has serious national implications.

And so the court could examine whether the Heroes Act, which the Biden administration says is its legal authorization to pass the pardon, actually allows the president to cancel student loans the specific way he is aiming for.

The use of the doctrine has become more prominent in recent years, which the Tribe has about.

“They want a special situation that doesn’t fit the way the law works,” Tribe said. “It reaffirms the idea that the Supreme Court is ready to expand its own power at the expense of everyone else: the executive branch, the legislative branch, executive offices and individual citizens.”

(tagsTranslated)U.S. Supreme Court

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