Today the Supreme Court heard oral arguments in Biden v. Nebraska and Department of Education v. Brown, two cases challenging the legality of the Biden Administration's plan to forgive over $400 billion in student debt, relying on the 2003 HEROES Act and the Covid-19 national emergency. The big issues in the two cases are whether the Administration has the power to grant loan forgiveness on such a vast scale, and whether the plaintiffs in the two cases (six state governments in one, two private parties that actually want the program to be broader in the other) have standing to challenge the program. I have previously gone over the substantive issues here and here, and standing here, here, and here.
