SCOTUS justices' tone on student debt relief signals bad news for Biden on first day of oral arguments. The $400 billion plan may be ruled to be outside of Biden's executive power.
Biden's plan, which has approved at least 16 million eligible borrowers to cancel up to $20,000 in debt, has been blocked since the U.S. Court of Appeals for the 8th Circuit issued a temporary injunction in October. The Education Department cited the 2003 Higher Education Relief Opportunities for Students Act to justify the plan, arguing the COVID-19 pandemic constituted a national emergency worthy of relying on the law.
But the high court's three liberals, as well as conservative Justice Amy Coney Barrett, joined together in questioning whether states had the legal standing to sue. Under pressure from several justices, Campbell responded that Missouri would be harmed if MOHELA lost revenue and couldn't make its payments owed to the state.
But several liberal justices, including Sonia Sotomayor, argued, “The HEROES Act specifically says no notice and comment." “Why was it fair to the people who didn’t get arguably comparable relief, not maybe that their interests were outweighed by the interests of those who were benefited or they were somehow less deserving of solicitude?” conservative Justice Samuel Alito asked.
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