OPINION: Supreme Court must stop Biden snatching this power from the people on student debt handouts
in response to the COVID-19 pandemic. But then and later, it failed to pass legislation that would have broadly forgiven student-loan debt. Over eighty bills were introduced in the previous Congress alone addressing loan repayment and forgiveness, but they failed to pass. In 2021, then–Speaker of the House Nancy Pelosi expressed the widespread view of leaders that the president did not have"the power for debt forgiveness.
Regardless, Biden sought a pretext for unilateral debt forgiveness, and he turned to the HEROES Act for that purpose. That is a 2003 law passed in the wake of the September 11 terrorist attacks for the purpose of providing support to members of the military. A provision of the law addressed those directly affected by"a war or other military operation or national emergency."
By any intellectually honest view of context, the term"national emergency" contemplates aiding those who were burdened by military deployments. That there are over thirty times more student borrowers than there are active members of the armed forces illustrates how much Biden’s interpretation attempts to"hide elephants in mouseholes," something theLayered onto his flimsy statutory pretext is Biden’s sheer arbitrariness in recognizing the existence of an emergency.
In both cases, the administration cited the pandemic as an excuse to flout the laws that bound it. It should be no more successful selling the Court on its argument in this case. While it is difficult to predict what issues will most interest the justices in oral argument, the solicitor general, arguing for the administration, is likely to argue that the parties challenging the loan cancellation lack standing. Standing is a legal doctrine that limits who can sue to those who can show they suffered a particularized harm.
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