Loading...

Supreme Court to Hear Challenge to Biden Student Loan Program

December 1, 2022 by Dan McCue
Supreme Court to Hear Challenge to Biden Student Loan Program
President Joe Biden (White House photo)

WASHINGTON — The Supreme Court on Thursday agreed to decide whether President Joe Biden can proceed with his student loan forgiveness program, saying it will hear oral arguments in February, with the date to be determined.

As is their custom, the justices did not explain their rationale for taking the case, though the decision appears to have been unanimous.

The justices also decided to leave a nationwide stay of the program in place at least until they’ve heard the case.

The case coming before the court is Biden v. Nebraska, and it stems from a lawsuit filed by six Republican-led states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — which claim the program violates the separation of power as spelled out in the Constitution and is also arbitrary and capricious.

In October, a federal judge tossed the states’ case on the grounds they lacked Article III standing after he concluded they failed to establish imminent and/or non-speculative harm caused by the program.

On Nov. 14,  the 8th U.S. Circuit Court of Appeals granted an emergency motion for injunction pending appeal filed by the states’ attorneys general.

The Biden administration asked the justices — through Justice Brett Kavanaugh, who handles emergency matters for the 8th Circuit — to either vacate the injunction or grant review and decide the legal challenges in the current term. 

In making the administration’s case, U.S. Solicitor General Elizabeth Prelogar argued the 8th Circuit had failed to analyze the text of the statute or the data supporting the plan. 

She also wrote that the states, as the district court held, lacked standing to challenge the plan.

Under the student debt relief plan, which was announced in August, the U.S. Education Department would provide up to $20,000 in debt relief to Pell Grant recipients with loans held by the Education Department and up to $10,000 in debt relief to non-Pell Grant recipients. 

Borrowers would be eligible for relief if their individual income is less than $125,000 or $250,000 for households.

In a statement released by the White House Thursday, Press Secretary Karine Jean-Pierre said the administration welcomes the Supreme Court’s decision to hear the case.

“This program is necessary to help over 40 million eligible Americans struggling under the burden of student loan debt recover from the pandemic and move forward with their lives,” she said. “The program is also legal, supported by careful analysis from administration lawyers. President Biden will keep fighting against efforts to rob middle class families of the relief they need and deserve. As we previously announced, student loan payments will remain paused while the Supreme Court resolves the case.”

Dan can be reached at dan@thewellnews.com and @DanMcCue

In The News

Health

Voting

Education

Is the David Porn? Come See, Italians Tell Florida Parents

ROME (AP) — The Florence museum housing Michelangelo’s Renaissance masterpiece the David on Sunday invited parents and students from a... Read More

ROME (AP) — The Florence museum housing Michelangelo’s Renaissance masterpiece the David on Sunday invited parents and students from a Florida charter school to visit after complaints about a lesson featuring the statue forced the principal to resign. Florence Mayor Dario Nardella also tweeted an invitation... Read More

GOP Sets Vote on Parents' Rights in Clash Over Schools

WASHINGTON (AP) — House Republicans will press forward Friday with a midterm campaign promise by voting on legislation to give... Read More

WASHINGTON (AP) — House Republicans will press forward Friday with a midterm campaign promise by voting on legislation to give parents greater say in what is taught in public schools, even as critics decry the “parents' rights” bill as a burdensome proposal that would fuel a... Read More

Library Association Reports Record Book Ban Attempts in 2022

NEW YORK (AP) — Attempted book bans and restrictions at school and public libraries continue to surge, setting a record in 2022,... Read More

NEW YORK (AP) — Attempted book bans and restrictions at school and public libraries continue to surge, setting a record in 2022, according to a new report from the American Library Association being released Thursday. More than 1,200 challenges were compiled by the association in 2022, nearly double... Read More

School Library Book Bans Are Seen as Targeting LGBTQ Content

DES MOINES, Iowa (AP) — Teri Patrick bristles at the idea she wants to ban books about LGBTQ issues in... Read More

DES MOINES, Iowa (AP) — Teri Patrick bristles at the idea she wants to ban books about LGBTQ issues in Iowa schools, arguing her only goal is ridding schools of sexually explicit material. Sara Hayden Parris says that whatever you want to call it, it's wrong... Read More

March 9, 2023
by Dan McCue
Nation’s Largest Union Backs Sanders' Call for Dramatic Teacher Pay Hike

WASHINGTON — The National Education Association is throwing its support behind independent Vermont Sen. Bernie Sanders' effort to pay public... Read More

WASHINGTON — The National Education Association is throwing its support behind independent Vermont Sen. Bernie Sanders' effort to pay public school teachers a minimum of $60,000 a year.  Sanders, chairman of the Senate’s Health, Education, Labor, and Pensions Committee, on Thursday introduced the Pay Teachers Act,... Read More

March 2, 2023
by Dan McCue
Liz Cheney to Join UVA Center for Politics

CHARLOTTESVILLE, Va. — Former Rep. Liz Cheney, R-Wyo., has accepted an appointment to serve as a professor of practice at... Read More

CHARLOTTESVILLE, Va. — Former Rep. Liz Cheney, R-Wyo., has accepted an appointment to serve as a professor of practice at the University of Virginia's Center for Politics. The university said Wednesday that the appointment is effective immediately and will run through the conclusion of the fall... Read More

News From The Well
Exit mobile version