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Search resuls for: "Legal Services Center of Harvard Law School"


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On Friday, the Supreme Court decided in a 6-3 ruling that Biden's plan to cancel up to $20,000 in student debt cannot move forward. The majority ruled that the states had standing to involve MOHELA in their case, and the law Biden used to cancel student debt demonstrated an overreach of authority. "I believe that the Court's decision to strike down our student debt relief plan is wrong," he added. "Despite this legally unsound Supreme Court decision, the President has the clear authority under the Higher Education Act of 1965 to cancel student debt. "The President has additional legal tools to cancel student debt — and he should use them.
Persons: , Joe Biden's, it's, Friday's, Brown, Biden, John Roberts, Vermont Sen, Bernie Sanders, Sanders, Massachusetts Sen, Elizabeth Warren, Warren, What's, Mr, Virginia Foxx, Ayanna Pressley, Miguel Cardona, Pressley, Cardona Organizations: Biden, Service, Supreme, US Department of Education, . Nebraska, Administration, Department, Higher, Biden Administration, Democratic, Legal Services Center of Harvard Law School, Massachusetts, Education Department, Republican, Education Locations: ., Vermont, Massachusetts
A challenger to Biden's student-debt relief argued he could have used the Higher Education Act of 1965 to cancel student debt. "During the campaign, they were talking about doing broad-based debt relief," he said. Senator Warren and others passed resolutions urging the Secretary to use the Higher Education Act to pass debt forgiveness. She added at the end of the arguments that Biden's relief "is a pandemic-related program. So unlike the HEROES Act, the Higher Education Act would allow for the canceling of debts without the existence of an emergency like COVID-19.
Sen. Elizabeth Warren said there are other tools to carry out student-debt relief if the Supreme Court strikes it down. But she said a Plan B should not be the focus right now, and she supports the legality of Biden's plan. Warren had previously advocated for using the Higher Education Act, instead of the HEROES Act, to cancel student debt. Both of them argue that the president does not have the authority to enact broad debt relief without Congressional approval. "If the Supreme Court applies the law as it is written, then that cancellation will go through.
Timothy Babulski, 44, has $230,000 in student debt, so Biden's relief will hardly impact him. But he says payments restarting before the relief is implemented means "the majority of borrowers will be abandoned." Biden's student-loan forgiveness currently sits in the Supreme Court, awaiting a judgment on its legality. But with the up to $20,000 in broad debt relief Biden announced at the end August currently held up in court, Babulski said he's worried with how the Biden administration will handle the outcome. While many Republican lawmakers have criticized Biden's debt relief, arguing it would cost taxpayers and benefit the wealthy, the $125,000 income cap the president placed on his loan forgiveness was intended to ensure it would benefit the lower earners.
Some advocates and lawmakers argue the Higher Education Act can be used to cancel student debt. "I believe it probably would have been better for him to use the Higher Education Act of 1965," Weiss said. The Higher Education Act as an alternativeSome Democratic lawmakers and experts argue that the authority to cancel student debt has always existed under the Higher Education Act. Legal experts have also voiced support for the Higher Education Act. The Education Department did not immediately respond to Insider's request for comment on whether it is considering pursuing alternative routes to debt relief, including via the Higher Education Act.
Republicans may also seize on Biden's remarks to challenge his effort to issue student debt relief. It could threaten student debt relief and future coronavirus-related health funding. The remarks suggesting that the emergency has ended may jeopardize twin goals of the Biden administration on student debt relief and coronavirus aid. Part of Biden's legal rationale for providing $10,000 in student debt relief per borrower rests on the lingering pandemic. But some supporters of debt relief don't see it quite that way.
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