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U.S. Supreme Court To Review Biden Student Debt Relief Plan In February 2023

By Los Angeles Bankruptcy Attorney on December 1, 2022

Can a president (here President Biden), by executive order, cancel $400 billion dollars of student loan debt? Or can only the US Congress, by legislation passed by US Congress, and signed into law by the President, cancel that $400 billion dollars of student loan debt. The U.S. Supreme Court said Thursday it will hear oral arguments in February 2023 on this issue: Six Republican-led states have sued in federal court, saying that President Biden’s so called “student borrower relief plan” (cancelling $400 billion dollars of student loan debt by an executive order, without legislation passed by the US Congress, allowing president to do this). Until the arguments are heard and the court issues a ruling, the $400 billion Biden plan is on hold due to a nationwide injunction ordered in the lawsuit by the six GOP-led states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina. The Supreme Court declined to lift the order from the lower courts, but decided to fast-track arguments for the case. In November, the Department of Education announced it was extending the pandemic-era pause on federal student loan repayments while legal battles are fought over it in the courts, so borrowers for now won’t be on the hook for payments. “We welcome the Supreme Court’s decision to hear the case on our student debt relief plan for middle and working class borrowers this February. This program is necessary to help over 40 million eligible Americans struggling under the burden of student loan debt recover from the pandemic and move forward with their lives,” White House press secretary Karine Jean-Pierre said in a statement. “The program is also legal, supported by careful analysis from administration lawyers. President Biden will keep fighting against efforts to rob middle class families of the relief they need and deserve.” Comment: It’s NOT free to cancel $400 billion dollars of debt. The taxpayers of America will eventually be paying for that $400 billion dollars of debt that is cancelled, by higher taxes, if it is cancelled.

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