President Joe Biden is expected to announce new measures in response to the court’s ruling as soon as Friday, according to the Messenger. The Biden Administration has yet to comment on if it will try to retool the program using a different legal justification, though that would likely still face more challenges in court. The court’s ruling means that the Biden Administration’s student loan forgiveness plan will not move forward in its current form, and no money will be paid out to borrowers who applied for debt relief before the program was suspended. But this Court today decides that some 40 million Americans will not receive the benefits the plan provides, because (so says the Court) that assistance is too ‘significan.’” “In every respect, the Court today exceeds its proper, limited role in our Nation’s governance,” Justice Elena Kagan wrote in her dissent for the court, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, adding that in its ruling, “the Court substitutes itself for Congress and the Executive Branch in making national policy about student-loan forgiveness.” “Congress authorized the forgiveness plan (among many other actions) the Secretary put it in place and the President would have been accountable for its success or failure. “We hold today that the Act allows the Secretary to ‘waive or modify’ existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act, not to rewrite that statute from the ground up.” Chief Critic “The Secretary asserts that the HEROES Act grants him the authority to cancel $430 billion of student loan principal. The HEROES Act’s allowance for student financial assistance to be “waive or modif” only means the Education Department can “make modest adjustments and additions to existing provisions, not transform them,” Chief Justice John Roberts ruled for the court, arguing it’s “highly unlikely” Congress intended for the law to allow something as sweeping as student loan forgiveness.
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