WASHINGTON — Shanna Hayes in 2007 became the first member of her immediate family to attend college. She did not realize she was setting off on a path toward another, less-welcome family first — racking up more than $150,000 in student debt.
Legal experts said Biden's program, intended to ease the financial burden on debt-saddled, college-educated Americans like Hayes but criticized by Republicans as an overreach of his authority, may be scrutinized by the court under the so-called major questions doctrine. Its 6-3 conservative majority has employed this muscular judicial approach to invalidate major Biden policies deemed lacking clear congressional authorization.
The conservative justices already have shown skepticism toward giving deference to federal agency decisions. Both administrations relied upon a 2003 federal law called the Higher Education Relief Opportunities for Students Act, or HEROES Act, that allows student loan debt relief during wartime or national emergencies.
In the case brought by individual borrowers, Texas-based U.S. District Judge Mark Pittman, a Trump appointee, in November found the plan violated the major questions doctrine — a ruling that the New Orleans-based 5th U.S. Circuit Court of Appeals declined to put on hold pending appeal.The major questions doctrine gives judges broad discretion to invalidate executive agency actions unless Congress clearly authorized them in legislation.
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