The Biden administration disputes these challenges, arguing that the program is perfectly legal, and that Congress authorized the relief under the HEROES Act of 2003. This statute provides broad authority for the Education Department to “modify” or “waive” federal student loan programs in response to a national emergency, such as the Covid-19 pandemic.
“Cancellation of $400 billion in debt, in effect, is a grant of $400 billion,” said Justice Clarence Thomas, while parsing the language of the HEROES Act and trying to determine what Congress meant by “waive” or “modify” federal student loan programs. Similarly, Justice Brett Kavanaugh noted that Congress “could have in 2003 referred to ‘loan cancellation’ and ‘loan forgiveness’ ” in the text of the HEROES Act, but did not include those specific phrases, saying that “seems problematic.
The Court’s three liberal justices hammered the challengers on the issue of standing. “MOHELA isn't here,” said Justice Sonia Sotomayor. “We don't allow someone else to step in on behalf of someone else” in a federal lawsuit. Justice Amy Coney Barrett, the Court’s newest conservative appointee, seemed to share the three liberal justices’ skepticism about whether the challengers have standing, at one point asking, “Why didn't the state make MOHELA come if MOHELA is an arm of the state?” as the GOP-led states had suggested.
Democrat campaign scam! Should have been stopped before midterms! Constitutionally Congress has the only authority for 1/2 trillion increase in our debt & they wouldn’t pass this. No President can screw the taxpayers like this!
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