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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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MLB: Iassogna crew chief, plate umpire for ASG

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MLB: Iassogna crew chief, plate umpire for ASG

NEW YORK — Dan Iassogna will be the umpire crew chief and work the plate during Tuesday night’s All-Star Game at Atlanta’s Truist Park.

His crew will include Marvin Hudson at first, Chris Segal at second, Jansen Visconti at third, Jeremie Rehak in left and Erich Bacchus in right, Major League Baseball said Thursday.

Iassogna, 56, will work his second All-Star Game. He was at third base for the 2011 game at Arizona.

He worked his first big league game in 1999, was hired to the major league staff in 2004 and appointed a crew chief ahead of the 2020 season. Iassogna umpired the World Series in 2012, ’17 and ’22 along with eight League Championship Series and seven Division Series.

Segal, Visconti, Rehak and Bacchus will work their first All-Star Games and Hudson his second after being in left field in 2004 at Houston.

Tony Randazzo will be the replay umpire in New York.

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A’s Rooker joins list of HR Derby participants

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A's Rooker joins list of HR Derby participants

WEST SACRAMENTO, Calif. — Athletics slugger Brent Rooker is adding his name to the list of Home Run Derby participants.

Rooker announced Thursday that he’s participating in the event, which takes place Monday in Atlanta. He will become the first Athletics player in the Home Run Derby since Matt Olson in 2021.

“Competing in the Home Run Derby has always been a dream of mine,” Rooker said in an Instagram post. “Can’t wait to make it happen next week in Atlanta! See ya there!”

Rooker, 30, entered Thursday with a .270 batting average, 19 homers and 50 RBIs, putting him on pace for a third straight season of at least 30 homers. He went deep 30 times in 2023 and had 39 homers in 2024.

His 58 homers since the start of the 2024 season rank him third among all American League players.

The only A’s to win the Derby were Mark McGwire in 1992 and Yoenis Céspedes in 2013 and 2014.

Other announced participants include Atlanta’s Ronald Acuña Jr., Minnesota’s Byron Buxton, Tampa Bay’s Junior Caminero, Pittsburgh’s Oneil Cruz, Seattle’s Cal Raleigh and Washington’s James Wood.

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O’s trade reliever Baker to Rays for draft pick

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O's trade reliever Baker to Rays for draft pick

BALTIMORE — The Orioles traded right-handed reliever Bryan Baker to AL East rival Tampa Bay on Thursday in exchange for the 37th overall pick in the 2025 MLB amateur draft, a sign that one of baseball’s most disappointing clubs could be sellers at the upcoming trade deadline.

Orioles general manager Mike Elias wouldn’t completely commit to that idea. Speaking to reporters before Thursday’s split doubleheader against the New York Mets, he cited the 2024 Detroit Tigers, who traded players off their major league roster but held on to ace Tarik Skubal and then surged into a playoff spot.

Elias did, however, acknowledge the possibility of selling on a day that began with last-place Baltimore (40-50) sitting 12½ games behind the division-leading Toronto Blue Jays and seven out of the final AL wild-card spot.

“I think it’s a step in that direction,” said Elias three weeks before the July 31 deadline. “There’s no way around that. The timing of the draft, and when you have draft picks involved in the trades, kind of front-loads these decisions, and it’s earlier than my comfort level. But we thought it was a really good return and a good trade for everyone. So, we did it.”

The draft begins Sunday. In a corresponding move, the Orioles selected the contract of catcher David Bañuelos from Triple-A Norfolk.

After a dreadful start that brought the May dismissal of manager Brandon Hyde, the Orioles have steadied under interim skipper Tony Mansolino, playing to a 21-14 record since a loss to St. Louis on May 28.

Baker was a solid part of that, posting a 3.52 ERA, striking out 49 batters and posting a 1.096 WHIP in 38⅓ innings as the setup man for closer Felix Bautista.

“This is a team that is moving in the right direction, and we still have a lot of time left before the deadline, but this was a trade with the draft coming up in a couple days that we had to make a decision on,” Elias said. “We didn’t want to pass up on the opportunity. Hopefully, we can use the pick wisely, bring a lot of value back, and Bryan’s going to a good place.”

Mansolino is also hoping his team will get replenishments in the form of players eventually returning from the injured list. That sizable group includes several possible starting pitchers: Grayson Rodriguez (shoulder), Albert Suarez (shoulder), Tyler Wells (elbow) and Kyle Bradish (Tommy John surgery).

Meanwhile, Baltimore will now have four of the first 37 and seven of the first 93 draft picks.

“All the drafts are important, but when you have this amount of picks, it becomes more important, there’s no question about it,” Elias said. “There’s just a much bigger opportunity ahead of us, and the draft is a lifeblood for our franchise.”

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