Supreme Court to Hear Student Loan Forgiveness Case

Today the Supreme Court docket issued an purchase in Biden v. Nebraska, guaranteeing that the Supreme Court will listen to at minimum a person of the lawful difficulties to the BIden Administration’s pupil financial loan forgiveness plan.

The order reads:

Consideration of the application to vacate injunction introduced to Justice Kavanaugh and by him referred to the Courtroom is deferred pending oral argument. The application to vacate injunction is also addressed as a petition for a writ of certiorari ahead of judgment, and the petition is granted on the queries introduced in the software.

The Clerk is directed to establish a briefing schedule that will let the case to be argued in the February 2023 argument session.

The Biden Administration experienced questioned the Courtroom to vacate the injunction entered by the U.S. Court docket of Appeals for the Eighth Circuit. In its application for a continue to be, it also proposed the Courtroom could take care of the software as a petition for certiorari presenting the next to issues:

(1) no matter whether respondents have Write-up III standing

(2) whether or not the strategy exceeds the Secretary’s statutory authority or is arbitrary and capricious.

If the justices conclude the plaintiffs have standing and reaches the merits, I would consider the Biden Administration faces an uphill struggle to help save this initiative (and that this would be accurate even without West Virginia v. EPA introducing the main thoughts doctrine to the combine).

[Note: Post updated and revised to add the questions presented from the SG’s stay application.]