- The Washington Times - Monday, December 12, 2022

The Supreme Court announced Monday it would review a second challenge to President Biden’s student loan forgiveness plan.

The first challenge was brought by a group of red states, while the second case comes from borrowers. 

Both legal challenges will be heard during the court’s February session.

The high court left in place an injunction against the president’s student debt forgiveness, deferring the request to lift it until after the case is argued.

The move prevents the administration from rolling out its debt forgiveness grants to applicants.

Two borrowers won against the administration in lower court, arguing that the government ran afoul of federal law when launching its debt forgiveness plan.
One of the borrowers bringing the case does not qualify under the president’s requirements for debt forgiveness, while the other qualifies for only $10,000 of debt forgiveness, not $20,000 that others may get.

Similarly, the first challenge to the Biden plan that the high court has agreed to hear also emerged from a ruling against the Biden administration.

The Justice Department appealed to the justices in both cases.

In August, the president revealed plans to cancel up to $20,000 of student debt per borrower for those who earn less than $125,000 a year — or $250,000 for married couples.

The president cited as support for his move the HEROES Act, which was passed after the Sept. 11, 2001, terrorist attacks that gave the executive branch authority to forgive certain debts regarding the military during emergencies.

The Biden administration says the COVID-19 pandemic is considered an emergency under the law, applying it to student loan borrowers.

The challengers from the red states, though, have argued the president does not have the authority to unilaterally forgive the loans taken out by millions of borrowers.

The cases are United States Department of Justice v. Myra Brown and Biden v. Nebraska.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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