Biden student loan Supreme Court battle revives legal test that doomed Obama climate rules

President Joe Biden's plan intends to forgive as much as $20,000 in student debt for up to 16 million borrowers. However, some legal experts have suggested the court's conservative supermajority could scrutinize the program under the so-called major questions doctrine.The justices relied on the doctrine in 2021 to bar the U.S.

"Last year's EPA ruling confirmed that the executive branch needs clear congressional authorization to issue sweeping regulations that have vast economic and political significance. The Biden administration’s $400 billion student loan program not only is economically significant, but it also is unprecedented," Karen Harned, chief legal officer for JCNF, told the Washington Examiner.

But Harned contended the 2003 law could not be utilized under pandemic justifications"without any input from Congress or the American people," an argument that has been supported by former lawmakers who helped secure the law's passage, such as former House Speaker Rep. John Boehner . While some challengers to Biden's plan believe the justices will apply similar scrutiny as they did to the EPA rules, other legal experts have speculated the justices may see a distinction between the student loans case and prior rulings that limited executive authority.

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