The Supreme Court blocked President Joe Biden’s student loan forgiveness plan 6-3 on Friday. The plan would forgive up to $20,000 of student debt per individual, around $400 billion in total.
Biden sought to forgive student loans under the precedent of the HEROES Act of 2003. The Higher Education Relief Opportunities for Students Act gave authority to the Secretary of Education to “waive or modify any requirement or regulation applicable to the student financial assistance programs.”
Chief Justice John Roberts delivered the majority opinion for Biden v. Nebraska, stating that Biden’s plan was not a waiver, but rather a rewriting of the law.
“The Secretary’s comprehensive debt cancellation plan cannot fairly be called a waiver – it not only nullifies existing provisions, but augments and expands them dramatically,” Roberts wrote. “However broad the meaning of ‘waive or modify,’ that language cannot authorize the kind of exhaustive rewriting of the statute that has taken place here.”
The dissenting judges comprised Justice Elena Kagan, Justice Sonia Sotomayor and Justice Ketanji Brown Jackson.
“In every respect, the Court today exceeds its proper, limited role in our Nation’s governance,” Kagan wrote in the dissenting opinion.
Read the decision here.