Conservatives are hoping right-wing courts will intervene to deny debt relief to tens of millions of borrowers.
The White House decided to base itsfor sweeping student debt relief on the 2003 Higher Education Relief Opportunities for Students Act, which gives the education secretary the authority to waive laws related to student aid programs in the case of"a war or other military operation or national emergency," such as a global pandemic.
However, Stern cautioned that"certain key circuit courts and the Supreme Court seem to follow one standing rule: When a majority wants to decide a case on the merits, they find some justification to grant standing; when it doesn't, they don't.
One such path, Stern suggests, is for the Biden administration to announce"that any borrower affected by the pandemic can apply for relief" if the Supreme Court rules that the education secretary"must identify a more specific class of borrowers whose ability to pay off loans was demonstrably harmed by the pandemic."
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