SCOTUS Hears Oral Argument in Cases Challenging Biden Administration Student Loan Forgiveness Plan: Observations and Predictions
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On February 28, 2023, the U.S. Supreme Court heard nearly four hours of oral argument in two separate cases challenging the Biden Administration\\u2019s authority to proceed with its plan to forgive approximately $400 billion in federal student loans. After reviewing the background of the two cases, we look at the three key issues: the plaintiffs\\u2019 theories for why they have standing to challenge the plan, the Administration\\u2019s reliance on the HEROES Act as authority for the plan, and the applicability of the \\u201cmajor questions\\u201d doctrine to the Court\\u2019s analysis. We then discuss the questions asked and views expressed by the Justices about these issues, what they portend for how individual Justices are likely to rule, how the Administration is likely to proceed if it prevails, potential Administration actions in response to an adverse decision, and when we expect SCOTUS to issue its decision. We conclude with a discussion of a new lawsuit challenging the Administration\\u2019s moratorium on federal student loan payments.
Alan Kaplinsky, Senior Counsel in Ballard Spahr\\u2019s Consumer Financial Services Group, hosts the conversation joined by Tom Burke, a partner in the firm\\u2019s Consumer Financial Services Litigation Group.
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