Beyond Labels

A 360° Discussion of Foreign, National and Local Policy Issues

Biden student loan forgiveness program – will it survive a court challenge? Should it?

Another question about the Biden student loan forgiveness program is whether the President has the legal authority to implement it by executive order, particularly after Congress has refused to enact such a program for more than a decade.

If the President has that authority, is it wise to do so for this purpose in light of the risk that the Supreme Court will overturn the executive order and further limit the President’s authority? Is the Supreme Court likely to uphold the use of executive authority in this case, given its stance on a moratorium on residential evictions based on the Covid pandemic, OSHA’s attempt to impose Covid vaccination requirements on employees of large private businesses, and the limits the Court has recently imposed on the EPA to regulate what the Court has deemed to be a “major question” that has a broad impact on the economy? Here’s an article from Boston University discussing some of these questions.

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