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Supreme Court weighs Biden student loan plan worth billions

by DTB
February 28, 2023
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Mark Sherman

Published Feb 28, 2023  •  3 minute read

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WASHINGTON (AP) — The Supreme Court is taking up a partisan legal fight over President Joe Biden’s plan to wipe away or reduce student loans held by millions of Americans.

The high court, with its 6-3 conservative majority, is hearing arguments Tuesday in two challenges to the plan, which has so far been blocked by Republican-appointed judges on lower courts.

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Arguments are scheduled to last two hours, but likely will go much longer. The public can listen in on the court’s website.

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Twenty-six million people have applied and 16 million have been approved to have up to $20,000 in federal student loans forgiven, the Biden administration says. The program is estimated to cost $400 billion over 30 years.

“I’m confident the legal authority to carry that plan is there,” Biden said Monday, at an event to mark Black History Month.

The president, who once doubted his own authority to broadly cancel student debt, first announced the program in August. Legal challenges quickly followed.

Republican-led states and lawmakers in Congress, as well as conservative legal interests, are lined up against the plan as a clear violation of Biden’s executive authority. Democratic-led states and liberal interest groups are backing the Democratic administration in urging the court to allow the plan to take effect.

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Without it, loan defaults would dramatically increase when the pause on loan payments ends no later than this summer, the administration says. Payments were halted in 2020 as part of the response to the coronavirus pandemic.

The administration says a 2003 law, commonly known as the HEROES Act, allows the secretary of education to waive or modify the terms of federal student loans in connection with a national emergency. The law was primarily intended to keep service members from being worse off financially while they fought in wars in Afghanistan and Iraq.

Nebraska and other states that sued say the plan is not necessary to keep the rate of defaults roughly where it was before the pandemic. The 20 million borrowers who have their entire loans erased would get a “windfall” that will leave them better off than they were before the pandemic, the states say.

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Dozens of borrowers came from across the country to camp out near the court on a soggy Monday evening in hopes of getting a seat for the arguments. Among them was Sinyetta Hill, who said that Biden’s plan would erase all but about $500 of the $20,000 or so she has in student loans.

“I was 18 when I signed up for college. I didn’t know it was going to be this big of a burden. No student should have to deal with this. No person should have to deal with this,” said Hill, 22, who plans to study law after she graduates from the University of Wisconsin-Milwaukee in May.

Biden’s plan could meet a frosty reception in the courtroom. The court’s conservatives have been skeptical of other Biden initiatives related to the pandemic, including vaccine requirements and pauses on evictions. Those were billed largely as public health measures intended to slow the spread of COVID-19.

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The loan forgiveness plan, by contrast, is aimed at countering the economic effects of the pandemic.

The national emergency is expected to end May 11, but the administration says the economic consequences will persist, despite historically low unemployment and other signs of economic strength.

In addition to the debate over the authority to forgive student debt, the court also will confront whether the states and two individuals whose challenge also is before the justices have the legal right, or standing, to sue.

Parties generally have to show that they would suffer financial harm and benefit from a court ruling in their favor. A federal judge initially found that the states would not be harmed and dismissed their lawsuit before an appellate panel said the case could proceed.

Of the two individuals who sued in Texas, one has student loans that are commercially held and the other is eligible for $10,000 in debt relief, not the $20,000 maximum. They would get nothing if they win their case.

A decision is expected by late June.

——

Associated Press writers Jessica Gresko and Collin Binkley contributed to this report.

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  1. PMN Business

Author of the article:

The Associated Press

The Associated Press

Mark Sherman

Published Feb 28, 2023  •  3 minute read

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Article content

WASHINGTON (AP) — The Supreme Court is taking up a partisan legal fight over President Joe Biden’s plan to wipe away or reduce student loans held by millions of Americans.

The high court, with its 6-3 conservative majority, is hearing arguments Tuesday in two challenges to the plan, which has so far been blocked by Republican-appointed judges on lower courts.

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Financial Post Top Stories

Sign up to receive the daily top stories from the Financial Post, a division of Postmedia Network Inc.

By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails or any newsletter. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300

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A welcome email is on its way. If you don’t see it, please check your junk folder.

The next issue of Financial Post Top Stories will soon be in your inbox.

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Article content

Arguments are scheduled to last two hours, but likely will go much longer. The public can listen in on the court’s website.

Advertisement 2

This advertisement has not loaded yet, but your article continues below.

Financial Post NewsConnect Powered by Postmedia Network

REGISTER TO UNLOCK MORE ARTICLES

Create an account or sign in to continue with your reading experience.

  • Access articles from across Canada with one account
  • Share your thoughts and join the conversation in the comments
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  • Get email updates from your favourite authors

Article content

Twenty-six million people have applied and 16 million have been approved to have up to $20,000 in federal student loans forgiven, the Biden administration says. The program is estimated to cost $400 billion over 30 years.

“I’m confident the legal authority to carry that plan is there,” Biden said Monday, at an event to mark Black History Month.

The president, who once doubted his own authority to broadly cancel student debt, first announced the program in August. Legal challenges quickly followed.

Republican-led states and lawmakers in Congress, as well as conservative legal interests, are lined up against the plan as a clear violation of Biden’s executive authority. Democratic-led states and liberal interest groups are backing the Democratic administration in urging the court to allow the plan to take effect.

Advertisement 3

This advertisement has not loaded yet, but your article continues below.

Article content

Without it, loan defaults would dramatically increase when the pause on loan payments ends no later than this summer, the administration says. Payments were halted in 2020 as part of the response to the coronavirus pandemic.

The administration says a 2003 law, commonly known as the HEROES Act, allows the secretary of education to waive or modify the terms of federal student loans in connection with a national emergency. The law was primarily intended to keep service members from being worse off financially while they fought in wars in Afghanistan and Iraq.

Nebraska and other states that sued say the plan is not necessary to keep the rate of defaults roughly where it was before the pandemic. The 20 million borrowers who have their entire loans erased would get a “windfall” that will leave them better off than they were before the pandemic, the states say.

Advertisement 4

This advertisement has not loaded yet, but your article continues below.

Article content

Dozens of borrowers came from across the country to camp out near the court on a soggy Monday evening in hopes of getting a seat for the arguments. Among them was Sinyetta Hill, who said that Biden’s plan would erase all but about $500 of the $20,000 or so she has in student loans.

“I was 18 when I signed up for college. I didn’t know it was going to be this big of a burden. No student should have to deal with this. No person should have to deal with this,” said Hill, 22, who plans to study law after she graduates from the University of Wisconsin-Milwaukee in May.

Biden’s plan could meet a frosty reception in the courtroom. The court’s conservatives have been skeptical of other Biden initiatives related to the pandemic, including vaccine requirements and pauses on evictions. Those were billed largely as public health measures intended to slow the spread of COVID-19.

Advertisement 5

This advertisement has not loaded yet, but your article continues below.

Article content

The loan forgiveness plan, by contrast, is aimed at countering the economic effects of the pandemic.

The national emergency is expected to end May 11, but the administration says the economic consequences will persist, despite historically low unemployment and other signs of economic strength.

In addition to the debate over the authority to forgive student debt, the court also will confront whether the states and two individuals whose challenge also is before the justices have the legal right, or standing, to sue.

Parties generally have to show that they would suffer financial harm and benefit from a court ruling in their favor. A federal judge initially found that the states would not be harmed and dismissed their lawsuit before an appellate panel said the case could proceed.

Of the two individuals who sued in Texas, one has student loans that are commercially held and the other is eligible for $10,000 in debt relief, not the $20,000 maximum. They would get nothing if they win their case.

A decision is expected by late June.

——

Associated Press writers Jessica Gresko and Collin Binkley contributed to this report.

Share this article in your social network

Comments

Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.

Join the Conversation

Tags: BidenbillionsCourtloanPlanstudentSupremeweighsworth
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