The Biden administration is tying its authority to cancel student debt to the coronavirus pandemic and to a 2003 law aimed at providing help to members of the military. Legal challenges are expected.
Education Secretary Miguel Cardona listens as President Joe Biden speaks about student loan debt forgiveness in the Roosevelt Room of the White House, Wednesday, Aug. 24, 2022, in Washington. to the coronavirus pandemic and to a 2003 law aimed at providing help to members of the military. Legal challenges are expected.
The law was adopted with overwhelming bipartisan support at a time when U.S. forces were fighting two wars, in Afghanistan and Iraq. It gives the Education secretary authority to waive rules relating to student financial aid programs in times or war or national emergency.But neither Trump nor Biden, until the president's announcement on Wednesday, had tried to wipe out so much student debt at one time.
The justification for the debt cancellation “seems to tee up nicely -- perhaps inadvertently — a major-questions doctrine challenge as the opinion seems to suggest the agency could forgive all student loans for everyone due to pandemic" if the agency head deemed it necessary, Chris Walker, a University of Michigan law professor wrote on Twitter.
“This executive overreach transfers taxpayer dollars from hardworking ordinary Americans and small businesses to disproportionately higher earners with college degrees,” said Alfredo Ortiz, president and CEO of the group. “It does nothing to address the underlying issue of outrageous college costs. Indeed, it rewards colleges for making education unaffordable and entrenches the failing status quo.
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