Student Debt relief advocates outside the Supreme Court of the United States after the high court struck down President Biden's student debt relief program in Biden v. Nebraska on June 30, 2023, in Washington, D.C.
Legal scholars and professors who spoke to TIME say that, while they agree the Department of Education may have the authority to grant relief under the Higher Education Act of 1965, the program does not have strong standing in the arms of a conservative high court.
The Biden Administration is currently seeking student loan relief through the HEA. This act controls federal financial-aid mechanisms like student loans. It also allows the Secretary of Education to “cancel or reduce” loans for certain categories of people, such as public servants or people who are “permanent and totally disabled,”
“Even if achieve a consensus on the proposed rule, the agency still has to put it out for public comment. And in responding to public comments, the agency might change the proposed rule from what the negotiators thought they had agreed to, and that can generate new conflict that wouldn't otherwise have been there,” Coglianese says. “There's very little guarantee that this won't end up in court.
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