WASHINGTON — As President Joe Biden looks to revive a key campaign promise to provide widespread debt relief to student loan borrowers, legal experts warn that he’s likely to encounter a fresh wave of lawsuits challenging his authority to act without congressional approval.
Hours after the U.S. Supreme Court axed Biden’s initial attempt at debt forgiveness on June 30, the president announced a new plan that he said is “legally sound” and is the best option remaining to deliver sweeping relief to millions of borrowers as quickly as possible.
But even in a best-case scenario, the new plan can’t be rolled out until long after October, when loan payments are due to resume after a three-year pause. And it could still be vulnerable to legal attacks targeting executive powers, as it relies on the authority of the Higher Education Act, which governs financial assistance in post-secondary schooling.
