Monday, December 5, 2022

Scotus stays loan forgiveness, sets oral argument

 The Higher Education Relief Opportunities Act of 2003 [HEROES] gives the Secretary of Education authority to waive student loan obligations so as not to leave student debtors in a "worse position" because of a national emergency. Teh Department of Justice so argued in its response to the petition for certiorari.

e22-506 BIDEN, PRESIDENT OF U.S., ET AL. V. NEBRASKA, ET AL. (22A444) Consideration of the application to vacate injunction presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The application to vacate injunction is also treated as a petition for a writ of certiorari before judgment, and the petition is granted on the questions presented in the application. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. 

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