It was obvious at Tuesday’s oral arguments at the Supreme Court that several justices have problems with the Biden administration’s plan to provide more than $400 billion in student loan forgiveness. For example, Chief Justice John G. Roberts Jr. asked why it was fair to make the owner of a lawn care service, who took out a loan to start his business, pay taxes that subsidize debt forgiveness for a better-paid college graduate.
But the question before the court in two lawsuits challenging the plan isn’t whether the administration is pursuing a wise or just policy, though we believe there is a compelling case for targeted relief for Americans burdened by college debt. It is whether President Biden’s plan was authorized by an act of Congress, the Higher Education Relief Opportunities for Students (HEROES) Act of 2003, that empowers the secretary of Education to waive or modify loan provisions in response to a national emergency. The answer is yes, or at least it should be.
In this case, the emergency is the COVID-19 pandemic, which, as Solicitor General Elizabeth B. Prelogar explained to the justices, has “caused enormous disruption and economic distress.” She added that over the past three years “millions of Americans have struggled to pay rent, utilities, food, and many have been unable to pay their debts.”
