How the Biden administration will try to save its student loan relief plan at the Supreme Court

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2 years ago

February 26, 2023

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President Biden’s student loan relief plan faces a do-or-die moment on Tuesday as it reaches the Supreme Court for oral arguments.

The up to $20,000 in debt relief that could go to millions of Americans faces two challenges: one from six Republican-led states, Biden v. Nebraska, and another from two student loan borrowers, Department of Education v. Brown.

Biden’s plan to save one of his biggest campaign promises hinges on two arguments.

The administration says that Education Secretary Miguel Cardona had the authority to forgive the debt under the Higher Education Relief Opportunities for Students (HEROES) Act.

But legal observers suggest the closer question could be whether the justices reach the merits at all. The Biden administration contends that neither group of challengers has standing, meaning the legal capacity to sue.

With the lower courts placing the plan on hold, the Biden administration now must face a conservative-majority Supreme Court in its efforts to give borrowers relief.

Here is what you need to know about the legal issues in the two student debt relief cases: What is the HEROES Act?

The Higher Education Relief Opportunities for Students, or HEROES, Act has only recently come back into focus, but it was passed two decades ago with bipartisan support as the country headed to war following the 9/11 terror attacks.

The law gives the education secretary authority to “waive or modify” federal student financial assistance programs “as the Secretary deems necessary in connection with a war or other military operation or national emergency.”

The Trump administration began using HEROES Act authority to pause student loan payments after declaring the coronavirus pandemic a national emergency in 2020.

After Biden took office, his administration extended the emergency and the payment pause before announcing the debt relief plan last year.

The administration has said the HEROES Act’s plain text authorizes Cardona to forgive the debts, and that his decision to do so was reasonable. He has put forward data showing that many borrowers are at risk of defaulting on their loans if the payment pause ends without the debt relief.

“The federal government provides relief to people affected by crises all the time, and that relief flows not just immediately after the crisis, but in the months and years afterwards,” said Jonathan Miller, chief program officer at the Public Rights Project, which filed a brief supporting the administration on behalf of local governments.

“So I think this is a perfectly reasonable and appropriate step for the Secretary to take, given all the information that was before him in the department at the time,” Miller added.

After the Supreme Court took up the challenges, Biden announced the COVID-19 emergency will end in May, but the administration says that doesn’t affect its debt relief plan.

Meanwhile, the administration has argued that ending the emergency moots a separate Supreme Court case involving Title 42, which limits migrants’ ability to seek asylum on public health grounds.

But the White House believes student debt relief is different because it concerns economic consequences that will persist beyond the emergency, rather than stopping the spread of disease, according to people familiar with the administration’s legal strategy.

“Our debt relief plan is needed to prevent defaults and delinquencies as student borrowers transition back to repayment after the end of the payment pause,” an administration official said. “The national emergency formally ending does not change that fact. It also does not change the legal justification for the plan.” How have the courts ruled so far?

Federal appeals courts have blocked the plan in both cases pending further action by the Supreme Court.

In the challenge from the conservative states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — a three-judge panel on the 8th Circuit Court of Appeals, all appointed by Republican presidents, issued a temporary injunction in the fall.

A federal trial judge in Texas ruled in favor of the individual challengers and separately blocked the debt relief plan in November. The 5th U.S. Circuit Court of Appeals later upheld that ruling.

The Biden administration appealed both cases to the Supreme Court, and the justices agreed in December to take up both cases. What do the plan’s opponents say?

Both groups of challengers contend Cardona overstepped his authority under the HEROES Act.

The individual borrowers argue he was required to provide a comment period on the proposal before implementing it.

Both groups argue the debt relief plan invokes the “major questions” doctrine, which requires Congress to speak clearly when authorizing an agency to decide matters of vast economic and political significance.

Echoing a lower court ruling, the plan’s critics assert that taking the administration’s position means the executive branch could cite the pandemic’s lingering effects even 10 years down the road to forgive the debts without consulting Congress.

“This case is not so much about the wisdom of that decision. It’s about in a democratic, self-governing society, how are we going to make these kinds of decisions?” said Casey Mattox, vice president for legal and judicial strategy at Americans for Prosperity, which filed an amicus brief supporting the challengers.

The court has cemented the major questions doctrine in three recent cases: stopping the Centers for Disease and Control and Prevention’s (CDC) eviction freeze during the pandemic, blocking the Biden administration’s vaccine-or-test mandate for large employers and striking down a power plant rule last June.

Thomas Berry, editor-in-chief of “Cato Supreme Court Review” at the Cato Institute, which filed an amicus brief siding with the challengers, said the precedents give a clear indication that a majority of the justices will be skeptical of the debt relief plan.

“If they reach the merits, I would be fairly confident that the action will be struck down,” Berry said. “I think the closer question is whether they reach the merits at all.” Biden admin argues challengers lack standing to sue

The Biden administration believes none of the plaintiffs have standing to challenge the debt relief.

Three states cited economic impacts from how some borrowers are now consolidating their loans, and four said their tax revenues will take a hit.

Missouri shows perhaps the most compelling theory by arguing the plan will harm its student loan service, legal observers say, but the administration is likely to push back that any harm is still speculative.

“I just don’t think it really comports here, because it’s very clear that loan forgiveness ultimately is a net benefit for the states,” said Miller.

His group’s brief argues that forgiveness would make it easier for borrowers to start a business or own a home, spurring economic growth. Republicans request documents from Biden’s Supreme Court commission Appeals court rules North Carolina can’t ban undercover cameras from PETA

The two individual borrowers, who did not qualify for the relief, contend that they can bring their suit because Cardona’s failure to provide a comment period unfairly deprived them of a concrete interest.

The Biden administration asserts stopping the debt relief would not redress their injury, a component needed for standing.

“That judgment leaves Brown’s financial position unchanged; she would still receive no loan forgiveness,” the administration wrote in its brief. “And it would leave Taylor worse off than before; he would receive neither the $10,000 the plan provides nor the $20,000 he purports to seek, but instead nothing at all.”

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Sources: Tkachuk dodges discipline, will play G4

Published

2 hours ago

April 27, 2025

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Sources: Tkachuk dodges discipline, will play G4

Florida Panthers forward Matthew Tkachuk will not receive supplemental discipline for his hit on Tampa Bay Lightning forward Jake Geuntzel in Game 3, sources told ESPN on Sunday.

Tkachuk’s hit, in the third period of his team’s 5-1 loss, received a five-minute major. According to sources, the NHL Department of Player Safety determined that was enough, considering Guentzel had recently touched the puck and Tkachuk didn’t make contact with Guentzel’s head.

The department also believed that the force in which Tkachuk hit Guentzel was far lesser than the hit Tampa’s Brandon Hagel made on Florida captain Aleksander Barkov in Game 2, which earned Hagel a one game suspension.

The plays led both coaches to trade jabs in the media. After Barkov went down in Game 2, Florida Panthers coach Paul Maurice said: “The only players we hit are the one with pucks.”

Barkov missed the end of the third period, but played in Game 3. Game 4 is Monday at Amerant Bank Arena.

At his postgame press conference, following Tkachuk’s hit on Guentzel, Tampa Bay coach Jon Cooper deadpanned the exact same line as Maurice.

Tkachuk leads the series in scoring with three goals and an assist through three games. Guentzel has two goals and two assists for Tampa Bay.

The Battle of Florida is living up to the billing as one of the most contentious rivalries in hockey; either Tampa or Florida has made it to the Stanley Cup Final in each of the last five seasons.

Sports

Jets’ Hellebuyck allows five goals, pulled again

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2 hours ago

April 27, 2025

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Jets' Hellebuyck allows five goals, pulled again

ESPN News Services

Apr 27, 2025, 04:36 PM ET

ST. LOUIS — Connor Hellebuyck, a two-time Vezina Trophy winner who is among the favorites to win the award again this season, allowed five goals before being pulled early in the third period as the top-seeded Winnipeg Jets fell to the St. Louis Blues 5-1 on Sunday, evening their Western Conference first-round series at 2-2.

Hellebuyck has now been pulled in back-to-back games in St. Louis, during which he has allowed 11 goals and posted a paltry .744 save percentage. Eric Comrie made five saves in relief of Hellebuyck on Sunday, but the game had long been decided by that point.

His performances have not only energized the Blues, the No. 8 seed who lost the first two games of this series, but their fans, as well. In the third period Sunday, the St. Louis faithful chanted, “We want Connor” as he sat on the Jets’ bench.

Brayden Schenn, Tyler Tucker and Justin Faulk each scored second-period goals to give the Blues a 4-1 lead, and Robert Thomas scored 2:01 into the third, ending Hellebuyck’s day.

Across the ice, St. Louis goaltender Jordan Binnington, who defeated Hellebuyck in the 4 Nations Face-Off final in February when Canada outlasted Team USA, made 30 saves in the win. The Blues have now won 14 straight regular-season and playoff games at home dating back to Feb. 23.

“The last 10 minutes, we gave up three goals,” Winnipeg coach Scott Arniel said of the second period. “Those are coverage goals, and those are situations that we usually handle pretty well. They are finding ways to get that puck in the net.”

Kyle Connor scored for the Jets, staking the road team to a 1-0 lead, but the powerful Winnipeg offense that helped the club win the Presidents’ Trophy was never heard from again.

“This is obviously not what we wanted,” Winnipeg forward Mark Scheifele said. “But it’s a best two-of-three series now.”

Hellebuyck has been pulled in consecutive games only one other time in his career, and given the Jets lost in Round 1 last season to the Colorado Avalanche, the Winnipeg goaltending situation figures to be a storyline the rest of this series.

“At the end of the day, you know what, they took advantage of home ice,” Arniel said of the Blues. “We’ve put ourselves in this position. And our best players have to be better than their best players.”

The Jets and Blues return to Winnipeg for Game 5 on Wednesday night.

The Associated Press contributed to this report.

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Williams out as Yanks’ closer; Weaver to get a shot

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2 hours ago

April 27, 2025

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Williams out as Yanks' closer; Weaver to get a shot

Jorge CastilloApr 27, 2025, 12:37 PM ET
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NEW YORK — Devin Williams has been removed from his role as New York Yankees closer “for right now,” manager Aaron Boone said Sunday.

The move comes two days after Williams endured another rough outing and was booed off the mound at Yankee Stadium in a loss to the Toronto Blue Jays. The 30-year-old right-hander has a 11.25 ERA with career-worst marks in strikeout rate (18.2%), whiff rate (24.1%) and walk rate (15.9%) in eight innings across 10 appearances this season.

“He’s still got everything to be great, right? This is a guy that is in the prime of his career and he’s just going through it a little bit,” said Boone, who informed Williams of the decision Saturday. “I tell our players all the time, you make a career that’s long enough and you’re going to face some challenging moments. You’re going to face some adversity along the way. And good news for Devin is he’s got everything to get through this and come out better on the other side. And that’s my expectation.

“But, for right now, I think it’s best for everyone that we pull him out of that role and try and start building some good rhythm and confidence and momentum and fully expect him to be a central figure for us moving forward.”

Boone said setup man Luke Weaver, who has a 0.00 ERA in 13 innings pitched this season, will assume “a lot of” the team’s save opportunities. Boone maintained he is open to using Weaver in high-leverage spots earlier in games and other relievers to close.

As for Williams, Boone said he won’t have a specific role — whether pitching in low-leverage situations or tight spots just earlier in games — as he seeks to re-establish himself for a team with the ninth-best bullpen ERA in the majors despite his struggles.

The key will be for Williams to avoid falling behind in counts as he did against the three hitters he faced Friday, leading to the home crowd again showering him with loud boos while adding a “We want Weaver!” chant.

Williams wound up surrendering two runs on three hits without recording an out to blow the save and continue his alarming troubles.

The Yankees hope his changeup-fastball mix will baffle hitters again and allow him to return to the pitcher he has been for his entire career.

“Count leverage is a big thing for pitchers, understandably, as it is for hitters,” Boone said. “And I think he’s been behind a number of times. He’s also had it not bounce his way in a number of these games where it’s gotten away.

“But I think the biggest thing for a guy as good as he is, as good as his track record is, and where he is from an age standpoint in the prime of his career, it’s just about, I think, man, having it start to click, getting in a good rhythm and then off we go.”

The Yankees acquired Williams in December to replace Clay Holmes as the club’s closer with one year of team control remaining before reaching free agency. The trade, which sent left-hander Nestor Cortes and prospect Corbin Durbin to Milwaukee, figured to cement the Yankees’ bullpen as one of the best in the majors.

Williams established himself as one of baseball’s premier relievers over six seasons with the Brewers using a singular screwball-like changeup known as “The Airbender.” The right-hander posted a 1.83 ERA with a 39.4% across 241 appearances in Milwaukee. He won the 2020 National League Rookie of the Year Award as a setup man for Josh Hader and made two All-Star teams. His status was undisputed.

But Williams’ Yankees tenure has been turbulent from start. After emerging as the catalyst to have the Yankees’ decades-long no-beard policy changed during spring training, he was booed at Yankee Stadium during his sloppy debut on Opening Day against his former club.

Boone acknowledged the fans’ treatment could have an impact on Williams’ performance.

“I think there’s that adjustment,” Boone said. “Devin’s really been nothing but successful at the big-league level. He’s dominated. So, that’s all part of it. That’s what I talk to these guys all the time about is like, again, you’re going to go through a tough moment. When I came here in 2003 at the trade deadline, Mariano Rivera was getting booed in August. I couldn’t believe it. And then he’s still Mariano Rivera, recoups and goes on to do what he does.

“So, I’m sure there’s some shock to that and some … getting settled. He’s with a new team in a new environment. That’s all part of it. But my reminder to him is you have all the equipment to do this at an elite level and that’s still a reality.”

In other developments, Luis Gil, the reigning AL Rookie of the Year Award winner, started his throwing program Sunday. He has been sidelined since Feb. 28 because of a high-grade lat strain, is on the 60-day injured list and is projected to return in June at the earliest.

Also, right-hander Jonathan Loáisiga, who is returning from internal brace elbow surgery, started his rehab assignment for Class A Tampa on Saturday and threw 11 pitches with one strikeout in a clean inning. He could rejoin the Yankees as early as late May.