Would a blanket cancellation of student debt by the president likely meet legal challenges?
Advocates, including the Legal Services Center at Harvard Law School, argue that the president has complete legal authority to cancel student debt without Congressional approval. In a letter to Sen. Elizabeth Warren, who also favors canceling debt, they cite various statutes which they said clearly allow action on federal student loan debt “in any amount.”
The Trump Education Department disagreed, arguing that in essence forgiveness was a spending decision that under the Constitution can’t be made without Congressional authority.
President Biden has indicated he will seek a view on the matter from his own Justice Department appointees, pending their confirmation. But his spokesperson said any debt cancellation, if deemed legal, would likely be closer to $10,000 per student than the $50,000 sum advocates are pushing for.
