“This is so totally illogical to me that you come into court to say I want more, I'm going to file a suit to get more, but I know I’m going to get nothing,” said Justice Sonia Sotomayor.įurther, Brown and Taylor allege the administration didn’t give them a chance to weigh in on the debt relief program. But no borrower would benefit if their challenge succeeded - making the lawsuit irrational if the two borrowers are actually seeking greater debt relief, Prelogar said. In the case of the two borrowers, Brown doesn’t qualify for debt forgiveness under the plan, while Taylor is ineligible for $20,000 in cancellation.

They are seen as more likely to side with the states and borrowers on the actual question of whether the Biden administration has the authority to forgive student loan debt without congressional action. Legal experts have said the Biden administration’s strategy to shield the debt relief plan has been to question standing, a more appealing line of reasoning for conservative justices. Solicitor General Elizabeth Prelogar, arguing on the federal government’s behalf, said the answer is firmly no. Much of the three-plus hours of arguments Tuesday centered on whether the plan would specifically harm the states and two borrowers, Myra Brown and Alexander Taylor, thus giving them standing to sue. They also argue Education Secretary Miguel Cardona circumvented legally required procedures when devising the debt forgiveness program. Legal challenges the Supreme Court began untangling Tuesday were brought by six red states, led by Nebraska, which allege financial harm to their tax revenue, and two student loan borrowers who claim they couldn’t take full advantage of the plan. Recipients of federal Pell Grants, a primary form of financial aid for low- and moderate-income students, would have an additional $10,000 forgiven.

The plan, which President Joe Biden unveiled in August, would wipe out up to $10,000 in debt for borrowers who earn up to $125,000 annually, or $250,000 for married households.

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