SCOTUS is hearing oral arguments on student loan forgiveness

The Supreme Court (SCOTUS) is hearing oral arguments today on two cases questioning the constitutionality of the Biden Administration’s student loan forgiveness plan.

The first case is led by six states who argue that they will be financially harmed by the Administration’s plan, and the second is being brought by two college graduates who also claim financial burden from the forgiveness plan, as previously reported by Campus Reform.

Protesters camped out in front of the Supreme Court overnight in support of the Biden Administration’s plan, and Campus Reform captured live coverage from the Court this morning.

Campus Reform is on the ground live, capturing the moments at the #SupremeCourt as it hears arguments on @POTUS student loan forgiveness. #highered #studentloans pic.twitter.com/efJJG8xKlf

— Campus Reform (@campusreform) February 28, 2023

In August 2022, the White House issued a proclamation canceling $10,000 in student debt for most borrowers and $20,000 for Pell Grant recipients. The Wharton School estimates that “debt cancelation alone will cost up to $519 billion.”

[RELATED: WATCH: Students don’t want to push loan forgiveness on taxpayers]

The House Committee on Education and the Workforce estimates that “Biden’s student loan bailout will cost every taxpayer, even those who never went to college, at least $2,500.“

The legal justification for Biden’s plan hinges on the HEROES Act, which was intended only to apply to military service members during national emergencies.

Biden contends that the national emergency declaration made during the COVID-19 Pandemic grants him authority to extend student loan forgiveness to civilian borrowers, citing the Pandemic emergency as the cause of undue financial hardship.

The constitutional authority behind the Biden Administration’s loan forgiveness plan, however, is the most salient issue of the case.

North Texas District Judge Mark Pitman’s November 2022 objections to the student loan forgiveness plan halted its implementation nationwide, as Campus Reform reported. 

“The Court is not blind to the current political division in our country,” wrote Pitman. “But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved [a]nd having interpreted the HEROES Act, the Court holds that it does not provide ‘clear congressional authorization’ for the Program.”

[RELATED: Biden declares COVID-19 emergency over, new legal challenge to loan forgiveness on the horizon]

Chairwoman of the House Committee on Education and the Workforce, Virginia Foxx, told Kudlow on “Fox Business” that she is “praying and hoping that [the Supreme Court is] going to do the right thing and say that the President cannot be the…legislative and executive branch. [Biden] has no authority to do what he’s doing.”

Today the Supreme Court will hear arguments on President Biden’s student loan forgiveness.

A rally is expected at about 8am.

But some spent the night yesterday outside the Supreme Court.

Hear from some of them on @DCNewsNow at 6,7&8am #studentloan #SCOTUS pic.twitter.com/FQCjaqKydK

— Tosin Fakile (@TosinfaksTV) February 28, 2023

Foxx told the Washington Examiner that she is “optimistic” that the Court will recognize the Administration’s plan is “blatantly illegal and a reprehensible case of executive overreach.”

In November, Education Secretary Miguel Cardona said, “[W]e will never stop fighting for the millions of hardworking students and borrowers across the country.”

But Foxx begs to differ. 

“If President Biden was serious about real student loan reform, his administration would be working with Congress to create long-term solutions, not sidestepping the elected representatives of the American people,” she argues.

Campus Reform has contacted the White House, the Department of Education, and the Department of Justice with request for comment. This is a developing story and will be updated accordingly.

Follow Gabrielle M. Etzel on Twitter.