Honestly I am not sure why none of the lawyers brought this up during the hearing yesterday but
The Heroes Act of 2003 is the same laws that was invoked by Trump during Covid to pause Student Loans. Every single Student Loan the largest and widest possible implementation of the laws was paused. This Pause has happened for 3 years!
When Trump did this , not one Republican raised a stink when this happened not one Republican AG sued to prevent the pause from being implemented.
The Heroes Act of 2003 laws states “the Dept of Ed can".. waive or modify any statutory or regulatory provision applicable to” federal student loan programs if the Secretary “deems” such actions “necessary to ensure that” certain statutory objectives are achieved.
So if pausing these loans considered ok by EVERYONE , then s cancelling the loans also should be deemed legal.
If the court does reverse Biden's executive order- wouldn't that make Trump's action also unconstitutional ?
If this is the case then loans servicing would have to begin immediately and any previous interest payments be paid by borrowers.