Judges could sidestep legality of Biden’s student debt plan

Supporters of student debt relief gather before the Supreme Court on Capitol Hill in Washington Tuesday, February 28, 2023, ahead of a dispute over President Joe Biden’s student debt relief plan.

The United States Supreme Court on Tuesday heard much-anticipated hearings in two challenges to President Joe Biden’s plans to forgive millions of borrowers on student loan debt. During a nearly four-hour conversation with attorneys, the judges seemed far more focused on how to circumvent the decision on the program’s legality than on analyzing its merits.

In Biden vs. Nebraska, sued six states with Republican attorneys general, arguing that the HEROES Act was not an adequate legal basis for the plan. A trio of Republican-appointed judges from the U.S. Circuit Court of Appeals for the 8th Circuit temporarily halted the program in October 2022 while the legal battle continued. Immediately thereafter, the Biden administration asked the judges to intervene, but the judges refused to do so in one short unsigned order on December 1, 2022.

the companion case, Department of Education v. Brown, was filed in Texas by two student loan borrowers, neither of whom are fully qualified to participate in the loan origination plan. The two borrowers argue that the entire plan should be locked because they have been locked out of its full benefits. The district court sided with the borrowers and the Fifth Circuit declined to set aside the verdict, leading to an appeal to the Supreme Court.

At hearings, much of the conversation was confined to the two main streets, which would provide the judges with a clean exit to avoid a decision on the legality of the program overall.

https://lawandcrime.com/supreme-court/justices-focus-on-two-ways-to-duck-deciding-the-legality-of-bidens-student-loan-forgiveness-plan-during-oral-arguments-in-major-cases/ Judges could sidestep legality of Biden’s student debt plan


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