Dept. of Ed. v. Brown & Biden v. Nebraska - Post-Argument SCOTUScast

Dept. of Ed. v. Brown & Biden v. Nebraska - Post-Argument SCOTUScast

Author: The Federalist Society April 18, 2023 Duration: 42:20
On February 28, 2023, the U.S. Supreme Court heard oral argument in two cases challenging the Biden Administration's student loans forgiveness program: Board of Education v. Brown and Biden v. Nebraska.

In August 2022, the Biden Administration's Department of Education announced plans to forgive up to $20,000 in federal student loans for borrowers who qualified. In order to do this, the DOE relied on the HEROES Act, which allows the government to modify student loans, among other things, during a national emergency.

Both cases challenge this action. Biden v. Nebraska involves a challenge to the Executive action from six states who contend they will suffer direct harm based on a loss of tax revenue. In Department of Education v. Brown, two individual borrowers, one of whom has loans that are fully intelligible for forgiveness under the program, and one of whose loans only qualify for part of the maximum relief possible, also challenge the legitimacy of the program.

The Court is faced with two questions in both cases: first, do the challengers, whether they be the states or the individual borrowers, have standing to sue? The Biden administration contends neither of the respondents possess standing. Second, assuming the Court decides there is standing to sue, the Court will face the question “Does the plan exceed the statutory authority available to the Secretary of Education, and adopted in a procedurally proper manner?”

We will break down and analyze how oral argument went in both cases in this program.

Featuring:
Mark Chenoweth, President and General Counsel, New Civil Liberties Alliance

Tuning into the Supreme Court's docket can feel like deciphering a complex code, but SCOTUScast breaks down the arguments and decisions as they happen. Produced by The Federalist Society, this podcast delivers timely, expert analysis from legal scholars and practitioners immediately after oral arguments or when opinions are released. Each episode focuses on a specific case, cutting through the legal jargon to explain the core principles at stake, the questions posed by the justices, and the potential ramifications of the Court's rulings. You'll hear clear, substantive commentary that prioritizes understanding over advocacy, as the Society itself does not take positions on the issues discussed. The goal is to provide listeners with the intellectual tools to engage with these pivotal moments in law. Whether a landmark ruling on constitutional rights or a nuanced interpretation of statutory law, this audio series treats each development with the depth it deserves. For anyone following the judicial branch-from students and attorneys to engaged citizens-this podcast serves as an essential, real-time guide to the nation's highest court, fostering a more informed and thoughtful public discourse.
Author: Language: English Episodes: 50

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