Ruling in Biden v. Nebraska, on June 30, 2023, the majority opinion declared that “the HEROES Act provides no authorization for the Secretary’s plan when examined using the ordinary tools of statutory interpretation—let alone ‘clear congressional authorization’ for such a program.”
The question presented was:
“[W]hether the Secretary has authority under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to depart from the existing provisions of the Education Act and establish a student loan forgiveness program that will cancel about $430 billion in debt principal and affect nearly all borrowers.”
Oral Arguments
You can hear the oral arguments for this case here: