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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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Ukrainian frontline commander warns: ‘The world is scared of Russia and losing is not only our problem’

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November 14, 2024

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Ukrainian frontline commander warns: 'The world is scared of Russia and losing is not only our problem'

In the courtyard of a farmhouse now home to soldiers of the Ukrainian army’s 47th mechanised brigade, I’m introduced to a weary-looking unit by their commander Captain Oleksandr “Sasha” Shyrshyn.

We are about 10km from the border with Russia, and beyond it lies the Kursk region Ukraine invaded in the summer – and where this battalion is now fighting.

The 47th is a crack fighting assault unit.

They’ve been brought to this area from the fierce battles in the country’s eastern Donbas region to bolster Ukrainian forces already here.

War latest: Russia ready to carry out ‘massive attack’

The captain known by his men as 'Genius'
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The captain known by his men as ‘Genius’

In the summer, Ukraine launched an incursion into Russian territory, in Kursk
Image:
In the summer, Ukraine launched an incursion into Russian territory, in Kursk

Captain Shyrshyn explains that among the many shortages the military has to deal with, the lack of infantry is becoming a critical problem.

Sasha is just 30 years old, but he is worldly-wise. He used to run an organisation helping children in the country’s east before donning his uniform and going to war.

He is famous in Ukraine and is regarded as one of the country’s top field commanders, who isn’t afraid to express his views on the war and how it’s being waged.

His nom de guerre is ‘Genius’, a nickname given to him by his men.

Captain Sasha Shyrshyn and Sky News chief correspondent Stuart Ramsay
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Captain Sasha Shyrshyn and Sky News chief correspondent Stuart Ramsay

‘Don’t worry, it’s not a minefield’

Sasha invited me to see one of the American Bradley fighting vehicles his unit uses.

We walk down a muddy lane before he says it’s best to go cross-country.

“We can go that way, don’t worry it’s not a minefield,” he jokes.

He leads us across a muddy field and into a forest where the vehicle is hidden from Russian surveillance drones that try to hunt both American vehicles and commanders.

Sasha shows me a picture of the house they had been staying in only days before – it was now completely destroyed after a missile strike.

Fortunately, neither he, nor any of his men, were there at the time.

“They target commanders,” he says with a smirk.

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‘The world is scared of Russia’

It takes me a moment or two to realise we are only a few steps away from the Bradley, dug in and well hidden beneath the trees.

The disguised American Bradley vehicle hidden in the forest
Image:
The disguised American Bradley vehicle hidden in the forest

Sasha tells me the Bradley is the finest vehicle he has ever used.

A vehicle so good, he says, it’s keeping the Ukrainian army going in the face of Russia’s overwhelming numbers of soldiers.

He explains: “Almost all our work on the battlefield is cooperation infantry with the Bradley. So we use it for evacuations, for moving people from one place to another, as well as for fire-covering.

“This vehicle is very safe and has very good characteristics.”

The American Bradley fighting vehicle that Ukrainian soldiers have found vital in their efforts
Image:
The American Bradley fighting vehicle that Ukrainian soldiers have found vital in their efforts

Billions of dollars in military aid has been given to Ukraine by the United States, and this vehicle is one of the most valuable assets the US has provided.

Ukraine is running low on men to fight, and the weaponry it has is not enough, especially if it can’t fire long-range missiles into Russia itself – which it is currently not allowed to do.

If President-elect Donald Trump cuts the supply of military aid, the Ukrainians will lose – it’s that simple.

U.S. President-elect Donald Trump gestures as he meets with House Republicans on Capitol Hill in Washington, U.S., November 13, 2024. REUTERS/Brian Snyder
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US President-elect Donald Trump has been clear he intends to change his nation’s policy on the war in Ukraine. Pic: Reuters

Sasha says: “We have a lack of weapons, we have a lack of artillery, we have a lack of infantry, and as the world doesn’t care about justice, and they don’t want to finish the war by our win, they are afraid of Russia.

“I’m sorry but they’re scared, they’re scared, and it’s not the right way.”

Like pretty much everyone in Ukraine, Sasha is waiting to see what the US election result will mean for his country.

He is sceptical about a deal with Russia.

“Our enemy only understands the language of power. And you cannot finish the war in 24 hours, or during the year without hard decisions, without a fight, so it’s impossible. It’s just talking without results,” he tells me.

Read more from Stuart Ramsay:
How Ukrainian units are downing Russia’s drones
Heartbreaking final moments of girl who tried to flee Gaza
Inside a brutal and deadly Mexican gang war

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‘Losing will be not only our problem’

These men expect the fierce battles inside Kursk to intensify in the coming days.

Indeed, alongside the main supply route into Kursk, workers are already building new defensive positions – unfurling miles of razor wire and digging bunkers for the Ukrainian army if it finds itself in retreat.

Barbed wire rolled out in the Sumy region ahead of expected fighting
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Barbed wire rolled out in the Sumy region ahead of expected fighting

Tank traps in the Sumy region
Image:
Tank traps in the Sumy region

Sasha and his men are realistic about support fatigue from the outside world but will keep fighting to the last if they have to.

“I understand this is only our problem, it’s only our issue, and we have to fight this battle, like we have to defend ourselves, it’s our responsibility,” Sasha said.

But he points out everyone should realise just how critical this moment in time is.

“If we look at it widely, we have to understand that us losing will be not only our problem, but it will be for all the world.”

Stuart Ramsay reports from northeastern Ukraine with camera operator Toby Nash, and producers Dominique Van Heerden, Azad Safarov, and Nick Davenport.

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Spain flooding: New weather warnings issued – as country counts flooding cost

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November 14, 2024

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Spain flooding: New weather warnings issued - as country counts flooding cost

A weather warning has been issued for parts of Spain, as the country counts the cost of recent flooding.

The orange warnings are in place for parts of southwestern Spain – the area around Seville down towards Gibraltar.

Up to 8cm (3ins) of rain could fall within 12 hours, but the weekend looks much more settled in the country.

The latest warnings come just two weeks after flash flooding in Valencia and other parts of the country killed more than 200 people.

Malaga saw 14.2cm (5.6ins) of rainfall on Wednesday – Spain’s highest of the day – most of which fell in six hours.

All train services were halted in Malaga. Some flights have now resumed after the initial disruption.

Floods in central Malaga, Spain. Pic: Jamie Marchant
Image:
Pic: Jamie Marchant

Emergency services in the province have moved 3,000 people from homes at risk of flooding close to the Guadalhorce River in the west of the city.

Jamie Marchant, 29, from Caerphilly in South Wales travelled to Malaga last Wednesday.

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He told Sky News that “debris” had been left behind by the recent rainfall in the region.

“Everyone is pitching in to clean up and some shops are opening as usual,” he added.

Orange warnings for the Valencia region in eastern Spain expired earlier on Thursday.

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The adverse weather could lead to total insured losses of more than €4bn (£3.33bn), according to credit rating agency Morningstar DBRS.

Much of the claims are expected to be covered by the Spanish government’s insurance pool, the agency said, but insurance premiums are likely to increase.

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Man suspected of supplying small boats for Channel migrant crossings arrested at Amsterdam airport

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November 14, 2024

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Man suspected of supplying small boats for Channel migrant crossings arrested at Amsterdam airport

A man accused of being a major supplier of the boats and engines used by cross-Channel people smugglers to bring migrants to the UK has been arrested.

The Turkish national, 44, was held at Amsterdam’s Schiphol Airport on Wednesday and faces extradition to Belgium to face human smuggling charges, the National Crime Agency (NCA) said.

He is suspected of supplying the engines and boats used by traffickers to bring migrants across the Channel.

The equipment was shipped from Turkey and stored in Germany before being brought to northern France when needed.

NCA director general Rob Jones hailed the arrest as an “important milestone” in one of its most “significant investigations into organised immigration crime”.

“We suspect that this individual is a major supplier of boats and engines to the smugglers operating in Belgium and northern France,” he said.

“The types of vessels and engines we see used in making these crossings are highly dangerous and completely unfit for open water.

“At least 50 people are known to have died this year as a result. There is no legitimate use for them.”

More than 32,000 migrants have arrived in the UK so far this year after crossing the Channel.

Prime Minister Sir Keir Starmer described the arrest as a “significant piece of the jigsaw” in tackling Channel crossings, but added: “I’m not pretending it’s the silver bullet.”

He vowed the government would “treat people smugglers like terrorists” as he announced an extra £75m for his border security command during a speech at the Interpol general assembly in Glasgow last week.

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Home Secretary Yvette Cooper said: “We will relentlessly pursue the criminal smuggling gangs making millions out of small boat crossings that undermine our border security and put lives at risk.

“This major investigation shows how important it is for our crime fighting agencies to be working hand in glove with our international partners to get results.”

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The NCA said it is leading around 70 ongoing investigations into networks or people “in the top tier” of organised immigration crime or people trafficking and stressed the importance of working with its counterparts in Europe.

A spokesperson for the public prosecutor’s office of West Flanders said: “International cooperation is crucial in the fight against human smuggling, and the arrest of this suspect through close cooperation with our UK and Dutch partners demonstrates our ongoing commitment to partnership working.

“Human smuggling criminals do not respect national borders, and we will relentlessly pursue these criminals through working internationally.”

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