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Biden’s Revised Student Loan Forgiveness Plan Faces Uphill Battle

President Joe Biden has revealed details of his latest attempt at student loan forgiveness, but the road to implementation appears fraught with challenges. 

The plan, which was put forth by the Education Department, aims to provide relief to borrowers under the Higher Education Act of 1965. 

However, there may be legal and procedural obstacles that could make it difficult to put the plan into action, which has raised concerns about whether or not it will be effective.

The Education Department’s new approach to student loan forgiveness comes after the Supreme Court invalidated Biden’s previous debt relief initiative. 

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Unlike the previous plan, which relied on the HEROES Act, the new plan involves a negotiated rulemaking process mandated by the HEA. 

This process requires input from stakeholders and public feedback before any relief measures can be finalized and implemented.

While the Education Department has outlined key aspects of the plan, including who is eligible and how much relief will be offered, the specific regulations have not yet been published. 

The plan is expected to begin in the fall, around the same time that the Supreme Court could make decisions that affect its fate.

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A Supreme Court case, Loper Bright Enterprises v. Raimondo, could challenge the Chevron doctrine, which gives deference to agency interpretations of statutes. 

If the Court limits or abolishes Chevron deference, it could restrict the Education Department’s authority to interpret laws governing student loan relief, which could put Biden’s plan in jeopardy.

Experts believe that lawsuits challenging the broadness of the relief plan are likely to emerge. 

Critics may argue that the Education Department’s interpretation of the HEA’s authority is too broad, and that the plan exceeds statutory limits.

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Previous litigation against Biden’s initiatives, such as the SAVE income-driven repayment plan, suggests that there may be legal battles ahead.

Assistant law professor Luke Herrine believes that groups opposed to Biden’s debt relief efforts will challenge the new plan. 

Lawsuits may question the Education Department’s authority and seek judicial review of the plan’s legality. 

Missouri Attorney General Andrew Bailey has already indicated that he will challenge the new plan, following previous legal actions against Biden’s policies.

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The outcome of these legal challenges will depend on how judges interpret the Education Department’s authority under the HEA. 

Skepticism among conservative judges regarding agency discretion complicates the administration’s chances of defending the relief plan in court. 

Similarities with previous cases that struck down Biden’s initiatives highlight the challenges ahead.

Despite these legal uncertainties, the Biden administration remains committed to addressing the student loan crisis. 

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With millions of people burdened by student debt, the administration sees loan forgiveness as a crucial step toward economic recovery and equity. 

However, the risk of judicial intervention poses a significant obstacle to realizing Biden’s vision of comprehensive debt relief.

The administration’s willingness to confront legal challenges demonstrates its determination to help borrowers who are facing financial strain. 

However, the outcome of the legal battles ahead will depend on a complex interplay between executive action and judicial scrutiny, which will play a crucial role in shaping federal policy.

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Malik is a skilled writer with a passion for news and current events. With their keen eye for detail, they provide insightful perspectives on the latest happenings. Stay informed and engaged!