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Solicitor General Elizabeth Prelogar argued that the HEROES Act of 2003 gives clear authority for debt cancellation by authorizing the Secretary of Education to “waive or modify” provisions relating to Title IV of the Higher Education Act, which authorizes student loans.
Associate Justice of the Supreme Court Elena Kagan “The Court is supposed to stick to its business—to decide only cases and controversies, and to stay away from making this Nation’s policy about subjects like student-loan relief,” she wrote. That authority kicks in only under exceptional conditions,” wrote Kagan.
College Unbound: The Future of Higher Education and What It Means for Students. University of Chicago Press. Baldwin, Davarian (2021). In the Shadow of the Ivory Tower: How Universities Are Plundering Our Cities. Bold Type Books. Bennett, W. and Wilezol, D. Is College Worth It?: Thomas Nelson. Grady and Aper, Jeffrey. Bousquet, M. Johnson, B.
The court’s six conservative justices homed in on questions of fairness and what Congress intended when it authorized the education secretary in 2003 to “waive” or “modify” provisions of student loan programs to ensure that those affected by a national emergency aren’t worse off financially.
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