Did Joe Biden's Lawyer Just Save the Student Loan Forgiveness Plan?

The government's top Supreme Court attorney may have salvaged President Joe Biden's $400 billion plan to cancel student loans from a near-certain loss.

Experts lauded Solicitor General Elizabeth Prelogar, the attorney who defended the Biden administration before the nine Supreme Court justices on Tuesday. Mark Kantrowitz, an expert on higher education, opines that the Biden administration is now more likely than not to prevail, as per CNBC.

Biden Administration's Battle for Student Loan Forgiveness

Kantrowitz stated that the counsel for litigants opposed to the scheme could have been more brilliant. Professor of law at Fordham University Jed Shugerman tweeted on Wednesday that he is "still awestruck by SG Elizabeth Prelogar's superb performance."

The nine justices evaluated two legal objections to Biden's proposal to forgive up to $20,000 in college debt for students. One of the challenges was filed by six Republican-led states - Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina - while the Job Creators Network Foundation, a conservative advocacy organization, supported the other.

Prelogar contended that the president was acting within the law to prevent borrower hardship during national emergencies and that the plaintiffs had failed to demonstrate that they would be affected by the program, which is usually required to establish legal standing.

When the Biden administration revealed its plan to erase student debts in August, it cited the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 as its legal justification. In the event of a national emergency, this law, which is the outcome of the terrorist attacks of September 11, authorizes the secretary of education to "waive or change" student loan schemes.

According to opponents of the president's plan, the cancellation of hundreds of billions of dollars in student debt for tens of millions of People exceeds the scope of the HEROES Act.

Depending on the conclusion of the arguments, millions of eligible student loan borrowers might have up to $20,000 in debt forgiven. CNN reported how and when the judges' rule would also affect whether payments on federal student loans will start following a nearly three-year suspension due to the outbreak.

In Biden v. Nebraska, a group of Republican-led states alleged that the administration exceeded its power by using the epidemic as a smokescreen to conceal its underlying objective of completing a campaign pledge to eliminate student-loan debt.

Biden Not Confident of Student Loan Cancellation Program's Future

The second case is Department of Education v. Brown, first brought by two persons who did not qualify for the program and contended that the government did not follow the required regulatory procedure when implementing it.

Meanwhile, President Joe Biden stated on Wednesday that he needs more confidence that the Supreme Court would rule in favor of his student debt forgiveness program while the conservative-majority court considers the issue.

Per The Hill, Biden and the White House have maintained unwavering confidence in the president's legal power to implement the plan through executive action. Moreover, the White House has avoided considering alternatives or a "plan B" this week in case the Supreme Court knocks it down.

The viability of Biden's idea hinges on whether Congress expressly authorized the executive branch to cancel student loans under the HEROES Act. In the past six months, the White House has often used the statute because it grants the Education secretary the right to "waive or amend" federal student financial assistance programs in a national emergency.

The Biden administration has connected the aid to the pandemic's declared emergency. The Supreme Court's verdict on the case may be released in May or June when it typically issues its most contentious rulings.