https://www.nationalreview.com/2022/08/can-anyone-sue-over-bidens-student-loan-lawlessness/?utm_source=
It’s not clear, and the answer might be no.
The Biden administration is using a flatly absurd legal argument to justify forgiving student debt, something even Democrats thought was only a power of Congress not that long ago.
Even the Department of Education thought it was only a power of Congress not that long ago. On January 12, 2021, the department’s office of general counsel published a legal opinion that cited Congress’s power of the purse under the Constitution and said, “The Secretary does not have statutory authority to provide blanket or mass cancellation, compromise, discharge, or forgiveness of student loan principal balances, and/or materially modify the repayment amounts or terms thereof, whether due to the COVID-19 pandemic or for any other reason.”
But now, as if by magic, even though the laws are all the same, the office of general counsel has found legal authority for the secretary of education to go it alone. The legal opinion this time around cites the HEROES Act, which was passed after 9/11, and claims that the emergency powers given to the secretary under that law “could be used to effectuate a program of targeted loan cancellation directed at addressing the financial harms of the COVID-19 pandemic.”
Never mind that the 2021 opinion specifically considered the HEROES Act and found its provisions too narrow for blanket cancellation. Never mind that student-loan recipients have already benefited tremendously from a repayment pause of over two years due to the pandemic. Never mind that the unemployment rate is currently at 2 percent for college graduates, and financial harms from the pandemic are mostly a thing of the past.