Student Loan Forgiveness Program Hangs in the Balance: All Eyes on the Supreme Court

The Supreme Court is anticipated to make a decision this month over the Biden administration's proposed student loan forgiveness program. The financial destiny of 40 million Americans will be significantly impacted by the ruling.

Supreme Court to Rule on Biden's Student Loan Forgiveness Plan
United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel.

President Joe Biden's relief plan, if accepted by the judges, would give borrowers who received a Pell Grant during their college years—a sort of financial help available to low-income families—immediate cancellation of $20,000 in student debt. Up to $10,000 of a non-Pell Grant recipient's student loan debt may be waived.

The program may help 14 million people get rid of their educational debt, allowing them to pursue a variety of objectives including beginning a business, purchasing their first house, or having a family.

A 28-year-old pastor-in-training from Oklahoma named Corey Shirey called the decision "potentially life-changing." He owes around $25,000 in student loan debt. Richelle Brooks, a 35-year-old Los Angeles single mother who formerly had a monthly student loan payment as high as $1,200, expressed her anxiety while awaiting the decision and stated that it has been both nerve-wracking and occasionally debilitating.

Here’s what we currently know about the Supreme Court’s deliberation on the plan:

Decision Expected Before July

The Supreme Court's decision won't take long for borrowers to receive. Mark Kantrowitz, an authority on higher education, forecasts that a choice will be made by early July, just before the summer break starts. It is anticipated that the verdict will be made public on a Thursday morning because the court has just started issuing opinions on Thursdays. On the website of the Supreme Court, you may read the decision.

Presidential Power to Cancel Debt Questioned

One of the most costly executive acts in history, Biden's plan to cancel student debt is anticipated to cost $400 billion. The Supreme Court is presently looking at how far-reaching the president's authority is to carry out such a comprehensive plan.

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The Heroes Act of 2003, which gives the U.S. Secretary of Education the authority to alter the federal student loan program during times of national emergency, is cited by the Biden administration as evidence that it is operating legally. The idea was implemented under the Covid-19 emergency declaration, the administration claims.

The administration is allegedly abusing the law, which was initially passed to provide assistance to debtors impacted by the September 11 terrorist attacks, according to opponents of the debt forgiveness scheme.

Student loan borrowers gathered outside the U.S. Supreme Court on Feb. 27, 2023, the night before the court hears two cases on student loan forgiveness.
Student loan borrowers gathered outside the U.S. Supreme Court on Feb. 27, 2023, the night before the court hears two cases on student loan forgiveness.

The idea was vehemently supported by Solicitor General Elizabeth Prelogar, who represented the Biden administration before the Supreme Court, on the grounds that it is legal to do so in times of national emergency. In support of the necessity for such a policy, she emphasized that the epidemic has created an unprecedented national emergency.

Resuming student loan payments without Biden's debt cancellation might result in a sharp rise in delinquencies and defaults, a senior Education Department official recently warned. Student loan payments are being suspended because of a pandemic-era rule that was put in place in March 2020.

'Legal Standing' Issue Could Save the Plan

Before it had to be closed as a result of different legal issues, the loan forgiveness application under the Biden administration had only been open for a little over a month. At least six lawsuits were brought against the proposal by conservative groups and states with a Republican governor.

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The Supreme Court has been the stage for two lawsuits that have garnered significant attention. One of these lawsuits was initiated by six states, each governed by Republicans: Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina. Simultaneously, the Job Creators Network Foundation, a right-wing advocacy group, backed the other lawsuit.

Legal experts assert that if the plaintiffs fail to establish that the regulations in question will inflict harm upon them—an essential criterion for the right to sue—the Supreme Court may dismiss these claims.

The six states controlled by the GOP contend that Biden's debt forgiveness proposal will financially hurt them by decreasing revenue for the organizations in charge of servicing federal student loans in each of their jurisdictions. They contend that a drop in earnings might make it more difficult for the Missouri Higher Education Loan Authority (MOHELA) to cover its debts.

Legal authorities and consumer groups, however, refute this claim and claim that it is founded on erroneous information. They point out that because some student loan servicers are exiting the market and making room for MOHELA to pick up more customers, MOHELA's revenue is actually anticipated to improve.

The Supreme Court justices asked how the states could assert injury on behalf of the loan servicers and voiced concern about why the loan servicers themselves did not file their own objections during oral arguments. The plaintiffs contended that the states are qualified to advocate on behalf of MOHELA.

The Job Creators Network Foundation supported the second legal challenge, which claimed that the Biden administration had violated the procedural rights of two plaintiffs, Myra Brown and Alexander Taylor, by denying them the opportunity to formally offer input on the plan's design prior to implementation. The solicitors asserted that as a result, Brown and Taylor were either totally or partially barred from the remedy.

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President of the Job Creators Network Foundation Elaine Parker said that their plaintiffs had been harmed by the program and criticized the government for not complying with the notice-and-comment obligation. Legal experts stress that not obtaining loan forgiveness or receiving a smaller amount does not constitute injury and that the Heroes Act exempts the necessity for a notice-and-comment process during national catastrophes.

Mark Kantrowitz claims that the Supreme Court would likely carefully examine the plaintiffs' arguments because the prerequisite for legal standing, in this case, is difficult to meet.