Federalist Society Annual Faculty Conference Panel: The Future of Student Loan Cancellation, State Standing,and the Major Questions Doctrine after Biden v. Nebraska

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In response to the COVID-19 pandemic, the Secretary of Education created a nationwide student loan cancellation program for certain borrowers under the HEROES Act of 2003. In Biden v. Nebraska, the Supreme Court invalidated the Biden Administration's student loan cancellation program. In the course of doing so, it found that the State of Missouri had standing to challenge the program and invoked the major questions doctrine, with a notable concurrence by Justice Amy Barrett seeking to explain the major questions doctrine as a linguistic canon. This panel will discuss various questions raised by this decision, including the future of state and Article III standing, the scope, basis and future of the major questions doctrine, and the Administration’s ongoing efforts to craft a new student loan forgiveness program administratively.