Thwarted in court

Biden’s debt relief faces conservative court with thousands of applicants’ opportunity to overcome loan debt put in jeopardy

College tuition has been increasing steadily over the years, and it’ll only continue to rise as the Federal Reserve raises interest rates, which is affecting the price of student loans. Over the course of the pandemic, both the Trump and Biden administrations canceled $90 billion in federal student loan interest. Both presidents employed executive orders to eliminate loan interest, meaning they didn’t seek Congress’ approval. Now, the Supreme Court must preside over two cases regarding student loan forgiveness — Biden v. Nebraska and Department of Education v. Brown. These decisions will affect students across the country who are borrowing and paying off federal student loans.

An “I-feel-rushed” dart to my professor for posting a quiz the day before it’s due.

From someone who wanted to work on it over the weekend.

The Institute for College Access and Success released a report in 2020 concerning student debt statistics throughout the U.S. In Virginia, 55% of graduates have student loan debt averaging $29,616. In comparison, New Hampshire, the state with the highest student debt, student loan debt averages $39,928 and 70% of graduates carry debt. The state with the lowest amount of student loan debt is Utah, where 39% of students are burdened with debt, averaging $18,344.

An “I-love-you-so-much” pat to my mom for bringing me candy after a long week.

From a senior who needed a pick-me-up.

The past four years have immensely affected both the government and the population’s attitude toward student loan forgiveness, drawing in bipartisan support in Congress. Before COVID-19 struck the world, student loan forgiveness was merely a campaign talking point. However, this all began to change in March 2020, amid the chaos of the pandemic. On March 13, 2020 Betsy DeVos, Trump’s former secretary of education, suspended student loan payments for “at least 60 days,” setting in motion a wave of support for student loan forgiveness.

Trump continued the trend March 27, 2020, when he signed the CARES Act, pushing the 60-day deadline to Sept. 30, 2020. The pause was extended thrice more under Trump’s presidency by his Department of Education. Both the Trump and Biden administrations used the 2003 HEROES Act to continuously extend the pause on federal student loan payments.

Dr. Bethany Blackstone, the dean of the Honors College at JMU and a professor of political science, discussed how the secretary of education is responsible for the federal student loan programs. Moreover, the HEROES Act of 2003, Blackstone describes, gives the secretary the power to “waive or modify” any provision applicable to student financial assistance programs to protect those affected by a national emergency.

After Biden’s victory in the controversial 2020 presidential election, he made moves to bring his campaign proposal to life. Immediately after his inauguration, the Biden administration, which includes his Secretary of Education Miguel Cardona, extended the payment pause through Sept. 30, 2021. In March 2021, Biden signed the American Rescue Plan pandemic relief bill via executive order. The plan provided economic relief to Americans struggling financially during the pandemic and included a provision not to subject student loan forgiveness to federal income taxes until 2025.

Biden’s Department of Education extended the deadline four times leading up to the most recent extension, the outcome of which will depend on the Supreme Court’s decision on two student loan forgiveness cases: Biden v. Nebraska and Department of Education v. Brown. Arguments for the two cases were held Feb. 28 to determine if the two cases have proper legal standing and if the Biden administration had the authority to forgive significant amounts of student loan debt.

According to a Feb. 2 article published by CNBC, six states — including Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — are challenging Biden’s debt relief program on the grounds that the secretary of education “overstepped its authority” in using the HEROES Act of 2003 to order the cancellation of up to $20,000 in federal student loan debt for millions of Americans. In Department of Education v. Brown, two student loan borrowers are suing for similar reasons.

The states suing the program also “argue that by discharging millions of dollars in loans, the Biden administration could deprive states of revenue they would otherwise receive through education loan financing organizations,” Blackstone said.

Blackstone also explained the next steps in the court’s process. Specifically, Blackstone described how, before considering the debt relief program itself, the Supreme Court must determine whether or not involved parties have been harmed by the program in a way that permits them to sue. If the Court decides that either the borrowers or the states have been harmed in such a way, they will then consider whether the debt relief program was an appropriate action by the Secretary of Education.

With an overwhelmingly conservative Supreme Court, the chances of the debt relief program being struck down are highly likely. Biden’s arguments have proved fruitless in the eyes of the conservative justices, such as Justice Brett Kavanaugh and Chief Justice John Roberts.

In an article by AP News, authors Mark Sherman and Jessica Gresko quote Kavanaugh:

“Some of the biggest mistakes in the court’s history were deferring to assertions of executive emergency power … some of the finest moments in the court’s history were pushing back against presidential assertions of emergency power,” Kavanaugh said.

Blackstone said the debt relief program was not designed to address the causes of the student loan debt crisis.

"Students are borrowing more because college tuition has grown faster than income," Blackstone said, "In Virginia and other states, tuition increases have been used to compensate for declines in state funding, increasing the demand for student loans.”

If the Supreme Court ultimately decides to block Biden’s debt relief program, students who were eligible will no longer receive the much-needed debt relief they were expecting, including current students at JMU. Students and graduates across the country struggle with crippling student loan debt, and amid an inflated economy where tuition is increasing along with interest rates, student loans are only getting more expensive and harder to pay off.

CONTACT Emma Seli at seliek@dukes. jmu.edu. For more editorials regarding the JMU and Harrisonburg communities, follow the opinion desk on Instagram and Twitter @Breeze_Opinion.