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Last Friday, the U.S. Supreme Court ruled that the Biden Administration did not have the legal authority to proceed with its plan to forgive approximately $400 billion in federal student loans. After reviewing the background of the two cases, we first look at the majority opinion authored by Chief Justice Roberts and discuss the majority\\u2019s legal analysis for concluding that the Missouri Attorney General had standing to challenge the plan, that the HEROES Act\\u2019s text did not authorize the Secretary of Education to forgive the loans, and that the \\u201cmajor questions\\u201d doctrine should be applied to assess whether Congress had given loan forgiveness authority to the Secretary. We also look at Justice Kagan\\u2019 dissenting opinion and the dissent\\u2019s rationale for rejecting the majority\\u2019s conclusions. We then look at the decision\\u2019s potential repercussions for future challenges by state agencies to actions by federal agencies and for the application of the \\u201cmajor questions\\u201d doctrine to such challenges. We conclude by discussing the decision\\u2019s impact on borrowers, including the ending of the moratorium on federal student loan payments and actions already announced by the Administration or that might be taken to provide relief to borrowers facing the resumption of payments.

Alan Kaplinsky, Senior Counsel in Ballard Spahr\\u2019s Consumer Financial Services Group, hosts the conversation joined by Tom Burke, a partner in the Group.