
Yesterday, the US Supreme Court heard oral arguments over the Biden administration's student loan "forgiveness" bailout scheme, which critics argue is flatly illegal. The New York Times described the contours of the case by noting that it deals with "the legality of one of the most ambitious and expensive executive actions in the nation’s history: the Biden administration’s plan to wipe out more than $400 billion in student debt because of the coronavirus pandemic." The administration has sought to justify this flagrant power grab by citing "a 2003 law, the Higher Education Relief Opportunities for Students Act, which gives the secretary of education the power to “waive or modify any statutory or regulatory provision” to protect borrowers affected by a war or national emergency." Opponents of the gambit say this authorization dealt with the war on terror and has no application here. Figures ranging from former Democratic House Speaker Nancy Pelosi to former Republican Attorney General Bill Barr have agreed that Biden's move on this front is unlawful. Some experts are expecting a decisive loss for the administration at SCOTUS.
The White House has nevertheless been eager to fight this political battle, pointing to favorable polling for the bailout. But follow-up survey questions show support falling off a cliff when voters are informed of policy trade-offs.