Student-Loan Forgiveness Risks Losing a Rationale as Biden Ends Pandemic Emergency

Gabriel Rubin:

The Biden administration’s decision to end the Covid-19 national emergency declaration could undermine a central justification for its student-debt forgiveness plan as the Supreme Court prepares to decide the fate of the program.

Mr. Biden outlined a plan in August to cancel up to $20,000 in federal student loan debt for borrowers making under $125,000 a year. Unable to pass the plan in Congress, the White House relied on expanded executive powers tied to the emergency declaration to enact the plan, and Mr. Biden said his intent was to “address the financial harms of the pandemic.”

Republican officials from six states sued to stop the plan on the grounds that it was an unlawful use of presidential authority that would harm state tax revenues.

Individual borrowers backed by conservative groups also sued, arguing they didn’t have a chance to weigh in on the forgiveness program’s eligibility criteria. Lower courts blocked the plan from being implemented. The Supreme Court will hear arguments in the case on Feb. 28, with a ruling expected by this summer.