President Biden once again seeks to forgive billions in student loan debt by leveraging ambiguous federal statutes before the election. But the Supreme Court’s previous ruling against him and Congress’s failure to enact debt forgiveness legislation makes such subterfuge difficult. In 2023, Biden first attempted to forgive $430 billion in debt under the 2003 HEROES Act, a move struck down by the Supreme Court in Biden v. Nebraska. The HEROES Act grants the secretary of Education authority to “waive or modify” student debt obligations in the face of “a war or other military operation or national emergency.” Historically, the secretary “modified” student loan obligations under the act by
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