Student Loan Forgiveness: 6 Big Takeaways From Landmark Supreme Court Hearing

But even if a majority of the Supreme Court questions the underlying legality of the student loan forgiveness program under the HEROES Act, the Biden administration could still prevail on the issue of standing.

In the second challenge, two student loan borrowers represented by a conservative-leaning organization argued that they were unfairly excluded from relief . The core argument is that they suffered a procedural harm because the Biden administration issued emergency regulations under the HEROES Act, preventing the borrowers from being able to participate in a public comment period, which is typically mandated for most other types of new regulations or programs.

Notably, however, no student loan servicer has filed a legal challenge to the program, and it is unclear if any plan to do so if the Supreme Court upholds Biden’s plan.If the Supreme Court sides with the challengers, advocates for borrowers havethe Biden administration to reissue the program under a different legal authority.

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