SCOTUS Will Probably Kill Student Debt Relief. But Biden Has a Backup Plan.

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Does Biden's program comply with federal law? Yes. Will the Supreme Court uphold it? Probably not.

There are at least three “major questions” that the Supreme Court could identify here. First, the majority might say that the ability to “waive or modify” aspects of the law does not allow the secretary to cancel payments. Second, the majority could say that COVID is not the kind of “national emergency” envisioned by the law. Third, the majority could say that an “affected” group must be smaller and more targeted than every low or middle-income American who lived through the pandemic.

published this year in the Virginia Law Review, Jack V. Hoover argued that no one has standing to file suit against sweeping loan cancellation. To prove standing, a party would have to demonstrate concrete harm, and show how blocking cancellation would remedy that harm. Republicans complain that Biden’s program hurts taxpayers, but under Supreme Court precedent, taxpayers don’t have standing to sue.

 

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