Conservative justices holding the U.S. Supreme Court's majority seem likely to sink President Joe Biden's plan to wipe away or reduce student loans held by millions of Americans.
In arguments lasting more than three hours Tuesday, Chief Justice John Roberts led his conservative colleagues in questioning the administration's authority to broadly cancel federal student loans because of the COVID-19 emergency.It was not clear that any of the six justices appointed by Republican presidents would approve of the debt relief program, although Justices Brett Kavanaugh and Amy Coney Barrett appeared most open to the administration's arguments.
Roberts was among the justices who grilled the Biden administration's top Supreme Court lawyer, Elizabeth Prelogar, and suggested that the administration had exceeded its authority with the program. Kavanaugh suggested that the administration was using an "old law" to unilaterally implement a debt relief program that Congress had rejected. He said the situation was familiar: "in the wake of Congress not authorizing the action, the executive nonetheless doing a massive new program."Kavanaugh noted that the administration was citing the national emergency created by the coronavirus pandemic as authority for the debt relief program.
Republican-led states and lawmakers in Congress, as well as conservative legal interests, are lined up against the plan as a clear violation of Biden's executive authority. Democratic-led states and liberal interest groups are backing the administration in urging the court to allow the plan to take effect.
"This is the creation of a brand new program, far beyond what Congress intended," Nebraska Solicitor General James Campbell said in court Tuesday. Earlier programs halted by the court were billed largely as public health measures intended to slow the spread of COVID-19.The national emergency is expected to end May 11, but the administration says the economic consequences will persist, despite historically low unemployment and other signs of economic strength.
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