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Expert Analysis - Opinion

Feds' Student Debt Relief Defense Has Constitutional Flaws

By Lawrence Ebner and Herbert Fenster ( March 2, 2023, 4:43 PM EST) -- Almost all the 3 ½ hours of colloquy at the Tuesday U.S. Supreme Court hearing on the student debt relief cases, Biden v. Nebraska and U.S. Department of Education v. Brown,[1] was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation program, and if they do, (2) whether the mass cancellation of more than $400 billion in student loan debt is authorized under the Higher Education Relief Opportunities for Students, or HEROES, Act and otherwise is procedurally proper.[2]...

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