The major questions doctrine is the idea that Congress must have provided explicit and clear statutory authority for an agency to regulate an issue with great economic, political or policy significance. The solicitor general, Elizabeth Prelogar, again argues that this program is just about benefits, which is less consequential than regulatory intrusions on individual rights by the government. The 5 Most Common Arguments Against Student Debt Forgiveness - Medium Breaking down the arguments as Supreme Court hears challenge to student Student loan cancellation was also viewed by some in the White House as one of a primary ways for the president to make good on his commitment to make racial equity a priority of his administration. She has argued before the Supreme Court 19 times, including five last year, when she argued that the state of Texas had violated the Constitution when it enacted its law that bans most abortions and empowers private citizens to enforce the statute. Since his campaign for president, Mr. Biden had rejected calls from Democrats to cancel $50,000 in student debt, instead expressing support as early as October of 2020 for knocking off $10,000. The loan forgiveness program, the administration said, was meant to ensure that borrowers are not in a worse position financially due to the pandemic with regard to their ability to repay their loans when payment obligations resumed. 00:00:33.060 > 00:00:35.360 Waive means to excuse compliance 00:00:35.360 > 00:00:36.960 with an existing obligation. Forgiving almost a half-trillion dollars owed to the department, they added, undoubtedly a matter of economic and political significance., The administration, for its part, wrote in its brief that the major questions doctrine does not justify overriding ordinary principles of statutory construction whenever an agency action can be described as consequential; rather, this court has applied the doctrine only in extraordinary cases characterized by what the court has concluded is a gross mismatch between an agencys assertion of regulatory authority and the history and context of the supposed congressional authorization., In any event, the brief said, the plain text of the law that the administration relies on supplies the clear authorization that the doctrine requires.. Conservative Supreme Court justices on Tuesday seemed highly skeptical that President Biden has authority from Congress to provide more than $400 billion in student loan forgiveness to tens . The Supreme Court is expected to hear arguments in two cases about student debt on Tuesday. But once the court held its arguments remotely after the pandemic took hold, he became more of a presence, asking the first question as justices took turns in order of seniority. Here are their most common arguments: Student loan forgiveness would stop the racial . Ms. Prelogar conceded that the loan authority would have standing had it chosen to sue in its own name. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Heres what to know about how the plan works for borrowers. In August, the administration said it planned to switch gears, ending the repayment pause but forgiving $10,000 in debt for individuals earning less than $125,000 per year, or $250,000 per household, and $20,000 for those who received Pell grants for low-income families. In a letter to Representative Cori Bush, Democrat of Missouri, MOHELA insisted that its executives were not involved in the states decision to sue. Jason Doresky received a $10,000 refund in September for payments he had made on his federal student loans since March 2020. I think most casual observers would say, the chief justice said, that if youre going to give up that much amount of money, if youre going to affect the obligations of that many Americans on a subject thats of great controversy, they would think thats something for Congress to act on.. The White House estimates that nearly 90 percent of the nations 45 million student loan borrowers would qualify for some relief and that 18 million would have their debts fully canceled under President Bidens plan to eliminate more than $400 billion in student debt. 1. Khanna calls for Roberts to testify before Congress: What are you afraid Do Not Sell or Share My Personal Information. He also had concerns about who would benefit from student loan relief. But should the program move forward, millions of potential beneficiaries will have plenty of questions about eligibility and the process. MOHELA has the power to sue on its own behalf, but has been quick to distance itself from the case. He also wrote a series of opinion columns for The Daily Signal, a conservative website. Advocates for student loan forgiveness have coalesced around issues of social justice, a failed higher education financing system, and the need for an equitable economic recovery in the wake of the pandemic. But they havent. Circuit Court of Appeals. Democrats in Congress and Vice President Kamala Harris on numerous occasions presented data showing the policy would benefit many borrowers who failed to obtain a degree, rather than wealthy graduates. Supreme Court Heard Arguments Challenging Student Loan Forgiveness Congress doesnt get much clearer than that. That's roughly one . The court in January, for example,blockedBidens Covid vaccination or test requirement for larger businesses. estimated the plans price tag at $400 billion. Justice Samuel A. Alito Jr. indicated that the ordinary colloquial meaning of major questions encompassed what the government proposes to do with student loans.. In the Supreme Court, the states are also arguing that the loan forgiveness program would cause their tax revenues to fall. Its not the amount of money; the question is whats Congresss intent?, U.S. States challenging the program say Biden does not have the authority to forgive student loan debt without the approval of Congress. Although the court heard arguments in two separate cases, it may well rule on them in a single decision. Student debt relief advocates gather outside the Supreme Court on Feb. 27 ahead of arguments over President Biden's loan forgiveness plan. Biden student loan forgiveness Supreme Court decision, explained - CNN Khanna calls for Roberts to testify before Congress: What are you afraid Do Not Sell or Share My Personal Information. If you received a Pell Grant and meet those income requirements, you could qualify for an extra $10,000 in cancellation. Justice Thomas has continued that practice since the court began reconvening in person, and may be the first again on Tuesday. Its an outrageous sum, and yet no one is disputing that. Student Loan Forgiveness (and Other Ways the - Federal Student Aid The states asserted injuries, the brief said, were speculative or self-inflicted. President Biden has said that he has the authority to cancel hundreds of billions of dollars in student debt under the Higher Education Relief Opportunities for Students Act of 2003, which is usually called the HEROES Act. The lawyer John M. Connolly is arguing on behalf of the student loan borrowers challenging the program in the second case. The top 10 arguments against student debt relief (and why they're wrong) December 12, 2022 / 12:32 PM / CBS News. Ms. Warren criticized the Supreme Court for playing politics, urging listeners to not let an extremist court take away an opportunity for millions of Americans to have a little racial justice, a little economic justice, a little opportunity to build more secure futures going forward.. Senator Elizabeth Warren, speaking to hundreds of college students from across the country outside the court, criticized the justices for playing politics.. Recap: Supreme Court Conservatives skeptical of Biden loan forgiveness Pell Grant recipients, who are the majority of borrowers, would be eligible for an additional $10,000 in debt relief. Under the plan, the U.S. government would forgive up to $10,000 in federal student debt for Americans making under $125,000 who obtained loans to pay for college and other post-secondary education . Supreme Court justices who voted to uphold student loan forgiveness. Not everyone with debt will qualify for the student loan forgiveness plan. Student Loan Forgiveness: What Advocates (and Opponents) Say Supreme Court considers fate of Biden's student loan relief plan The state argues that the agency would lose revenue if loans were forgiven. The Supreme Court is hearing back-to-back oral arguments regarding Biden administrations student loan forgiveness plan. Schumer calls out Thomas, Alito for accepting lavish gifts and Are your old CDs worth anything to collectors? Here's what borrowers need to know | CNN Politics Biden's student loan forgiveness plan goes before the Supreme. On Tuesday, the Supreme Court will hear arguments about Mr. Bidens plan. What to know about the legal challenges over student loan forgiveness Elizabeth B. Prelogar, only the second Senate-confirmed woman to serve as solicitor general, will represent the Justice Department before the Supreme Court on Tuesday when it hears oral arguments on President Bidens plan to forgive an estimated $400 billion in student loan debt. Where will we get the money? Biden was hesitant at first to use executive power for student loan relief. (Associated Press/Evan Vucci). 00:00:36.960 > 00:00:39.170 And what the secretarys purporting to do here 00:00:39.170 > 00:00:42.860 is to change existing loan discharge program. There was something close to a consensus that the debt forgiveness program qualified as major. Nearly two years later, he signed off on relieving $10,000 in debt for those earning less than $125,000 per year and $20,000 for those with Pell grants for low-income students. One is whether the challengers have legal standing to bring their lawsuits. Even if the Supreme Court were to conclude the states did have standing and then reach the legal question of whether Biden had the authority to forgive the loans, the administration would most likely face an uphill battle, with the courts conservative majority skeptical of broad assertions of federal power. Nebraskas solicitor general is making his first appearance before the justices. 2. Several justices used the second argument to make points about the program, with some saying it was unfair and overly blunt. One of the two borrowers is not eligible for Bidens student loan forgiveness program because her loans are held by commercial lenders, not federal. Each case will receive at least one hour of arguments but is likely to run well over that. Judge Henry E. Autrey of the Federal District Court in St. Louis dismissed it on standing grounds. In a brief order, the court said it would hear arguments in February, with a decision soon to follow. Live updates: Student loan forgiveness Supreme Court arguments - CNN Loan servicers are contractors to the federal government, and none had much motivation to sue their client. President Biden speaking about his student loan forgiveness program at Delaware State University in Dover in October.
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