Biden v. Nebraska
During his presidential run Joe Biden promised to cancel
up to $10,000 of federal student loan debt per borrower. He kept his word and
used executive action to enact his promise. Nebraska and five other states
challenged Biden and his forgiveness program. They argued on the grounds that
it violated the separation of powers and the Administrative Procedure Act. The
district court and U.S. Court of Appeals for the Eighth Circuit dismissed the
case. The Supreme Court stepped in to decide on it.
The Court decided 6-3 in favor of Nebraska. The Court
found that the Secretary of education does not authority under the HEROES Act
“…to establish a student loan forgiveness program that will cancel roughly $430
billion in dept principal and affect nearly all borrowers.” Most of the
justices cited the major questions doctrine as their reason for rejecting
Biden’s forgiveness plan. Unless otherwise stated, Congress does not grant
executive agencies the power to make significant political or economic
decisions. The secretary of education could not use the HEROES Act to cancel
student debt since it was not the original intention of it when Congress
approved it. Justice Elena Kagan authored a dissenting opinion which was joined
by the remaining two justices.
Personal Perspective:
I agree with the Court’s decision to stop Biden’s loan
forgiveness plan. I am not necessarily against student loan forgiveness. If
Biden had received congressional approval, then it would be perfectly legal.
However, he used his executive power to circumvent Congress. He used the HEROES
Act as justification for waiving student loan debt. I support majors question
doctrine which helps keep in check the executive branch from having too much
power. Biden’s forgiveness plan would set a precedent that would allow broad
interpretation of legislative statutes that were not intended.
Media Critique and
Analysis:
Nebraska v. Biden received major media coverage. Left
leaning outlets such as CNN protested the Court’s decision. They favored that
the Corut’s decision was merely political and was simply made to disrupt
Democrats. They focused on ramifications of the Court’s decision on people who
hold student debt. Biden’s forgiveness plan would have likely helped many
Americans either pay off their debt or prevent them from defaulting on their
loans. Right leaning outlets such as Fox News saw the Court’s decision as a
major victory. They did not believe Biden had the power to enact the
forgiveness plan without Congressional approval. They focused on the “what if”
scenarios if the forgiveness plan was enacted. It would theoretically set a
precedent that allows the executive branch to broadly interpret legislative
statutes. They also focused on how the plan would help Americans who do not
need the support while placing a greater burden on taxpayers.
Sources:
Supreme
Court blocks Biden's student loan forgiveness program | CNN Politics
Supreme
Court strikes down student loan program : NPR
Supreme
Court ruling on Biden's student debt handout is much bigger than you think |
Fox News

After reading your post, I would have to agree that the court should have stopped Biden's loan forgiveness plan. I'm personally all for loan forgiveness, but it seems like he went about it in the wrong way and it ended up backfiring. The broader implications of what he did such as giving the executive branch more power would disrupt the current system of checks and balances. So overall, while I support student loan forgiveness, I also don't support Biden's method of trying to achieve that.
ReplyDeleteThank you for highlighting this case. Everyone knows about Biden's big promise to institute student loan forgiveness and it is easy to wonder why he wan't able to follow up on it. As you pointed out, Biden did in fact try but several states challenged this authority. Although I agree with student loan forgiveness it is crucial to ensure the President or any political figure does not abuse their powers and is checked just like we saw here. I just wish political figures would stop making promises they know they won't be able to follow up on just to entice voters.
ReplyDeleteI agree with the courts decision because there does need to be a separation of power. Thats what makes democracy so beautiful. A democracy cant run when one power tries to take control and overreach just because of promises made on the campaign trail. Do I feel bad about the student loan? Of course. Do I think the Supreme Court made the right decision? Of course.
ReplyDelete