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The Biden White House has been reluctant to talk about alternatives to its student loan relief plan for fear of undermining its case now before the Supreme Court, but should the justices strike down the proposal, they do have some options.
Lawyers for the administration made their case to save President Biden’s student debt forgiveness before the justices on Tuesday, but with the plan at the mercy of a conservative-leaning court, eyes are on the administration for what comes next.
“I’m confident we’re on the right side of the law. I’m not confident about the outcome of the decision yet,” Biden told reporters Wednesday.
The relief was a top promise for the president during his 2020 campaign, and he announced his plan to eliminate up to $20,000 in student loan debt just a few months before last year’s midterm elections.
From the outset, observers knew the proposal would be challenged legally, and it quickly became the subject of multiple lawsuits around the country, with two cases ultimately reaching the high court.
Despite the apparent odds stacked against them, the Biden administration has tried to maintain an optimistic tone and not entertained talk of backing off.
“The plan that we put forward in August is the plan that we have, which is also a plan that you heard the solicitor general really defend in a strong and powerful way yesterday. And that’s our plan, and we believe in our legal authority to get that done and get that implemented,” press secretary Karine Jean-Pierre said Wednesday, adding that Education Secretary Miguel Cardona had reached out to borrowers this week to let them know the White House has their back.
White House press secretary Karine Jean-Pierre addresses reporters during the daily briefing at the White House. (Greg Nash)
“Our focus right now is getting this done. You saw the solicitor general really give a strong argument yesterday in front of the highest court in the land. There’s a reason we took it to the Supreme Court,” Jean-Pierre said.
In the short term, perhaps the most viable alternative Biden could explore if the high court nixes his proposal is loan forgiveness through a new executive action, a possibility backed by leading Democrats including Senate Majority Leader Chuck Schumer (N.Y.) and Sen. Elizabeth Warren (Mass.).
In 2021, Schumer, Warren and other Democrats called on Biden to use authority under the Higher Education Act (HEA) to cancel up to $50,000 in student loan debt for all borrowers. The 1965 law allows for student loan relief for certain groups, including those whose institutions have since closed.
Sen. Elizabeth Warren, D-Mass., speaks at a rally for student debt relief advocates gather outside the Supreme Court on Capitol Hill in Washington as the court heard arguments over President Biden’s student debt relief plan. (AP Photo/Patrick Semansky)
“Congress has already granted the Secretary of Education the legal authority to broadly cancel student debt under section 432(a) of the Higher Education Act of 1965 (20 U.
