TBA Law Blog


Posted by: Stacey Shrader Joslin on Jun 30, 2023

By a vote of 6-3 today, the U.S. Supreme Court ruled that the Biden administration overstepped its authority last year when it announced it would cancel up to $400 billion in student loans. Chief Justice John Roberts wrote for the court in Biden v. Nebraska, characterizing the decision as a straightforward interpretation of federal law, SCOTUSblog reports. Justice Elena Kagan dissented in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. The Hill notes that Roberts included a note at the end of the majority opinion defending the legitimacy of the court and calling attacks on its "proper role" as "disturbing." Before issuing its ruling in the case brought by Nebraska and five other states, the court ruled unanimously in Department of Education v. Brown that two individual borrowers lacked standing to challenge the plan. Responding to the ruling, President Joe Biden this afternoon announced new plans to offer loan forgiveness through the Higher Education Act, which allows the education secretary to “compromise, waive or release” students loans. A public hearing on the plan is set for July 18. Biden also announced a repayment program for borrowers who miss payments when they resume this fall, The Hill reports.