Courthouse Steps Decision: Biden v. Nebraska

On Friday, June 30, 2023, the Supreme Court issued its decision in Biden v. Nebraska. The case arose after President Biden enacted a plan to cancel between $10,000 and $20,000 in student loans for qualified borrowers through executive action. The Biden Administration argued that the Secretary of Education was granted the authority to forgive student loans in the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act).

In a 6-3 decision, the Court held that the HEROES Act does not grant the Secretary of Education the authority to establish a student loan forgiveness program discharging approximately $430 billion in student loans and affecting nearly all borrowers. Chief Justice Roberts delivered the Court’s opinion; Justice Barrett filed a concurring opinion focused primarily on the Major Questions Doctrine; Justice Kagan filed the dissenting opinion.

In this recorded webinar, Jesse Panuccio discussed the decision.

Featuring:
--Jesse Panuccio, Partner, Boies Schiller Flexner LLP