for about 40 million borrowers, with the fate of his policy that fulfilled a campaign promise hanging in the balance.
US Solicitor-General Elizabeth Prelogar, arguing on behalf of Biden’s administration, faced sceptical questions from conservative justices including John Roberts, Samuel Alito, Clarence Thomas and Brett Kavanaugh about the legal underpinning of the policy and its fairness. The policy, intended to ease the financial burden on debt-saddled borrowers, faced scrutiny 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 authorisation.“How do you deal with that?“ Justice Sotomayor asked Ms Prelogar. “That seems to favour the argument that this is a major question.
A 2003 federal law called the Higher Education Relief Opportunities for Students Act, or Heroes Act, authorises the US education secretary to “waive or modify” student financial assistance during war or national emergencies.” “This is a case that presents extraordinarily serious, important issues about the role of Congress and about the role that we should exercise in scrutinising that - significant enough that the major questions doctrine ought to be considered implicated?“ Justice Roberts asked.
Justice Roberts presented Ms Prelogar with a hypothetical scenario involving one person who took out a loan to pay for college and another who borrowed to start a lawn care company.
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