Columbus, OH – On Friday, the U.S. Supreme Court issued its decision in Biden v. Nebraska, ruling that President Biden’s student loan debt cancellation plan is unconstitutional, agreeing with arguments The Buckeye Institute made in its amicus brief and its case Latta v. U.S. Department of Education. In a 6-3 decision, the court said, “The text of the HEROES Act does not authorize the Secretary’s loan forgiveness program.”

“The Supreme Court’s ruling is a victory for the U.S. Constitution, taxpayers, and The Buckeye Institute’s client in Latta v. U.S. Department of Education,” said David C. Tryon, director of litigation at The Buckeye Institute. “It was obvious that President Biden didn’t have the authority to cancel nearly half a trillion dollars in debt, and the court’s decision is a clear warning to future presidents that you cannot ignore the constitutional limitations of your office.”

Chief Justice Roberts, writing for the majority, agreed with Buckeye’s position when he explained that if Congress had intended to give the secretary of education the power to grant “a mass debt cancellation,” it would have made a “clear statement to that effect.” Congress did not do so, and Chief Justice Roberts noted that “In essence, the Secretary has drafted a new section of the Education Act from scratch by ‘waiving’ provisions root and branch and then filling the empty space with radically new text.”

Tryon continued, “As the court found, ‘the HEROES Act provide[ed] no authorization for the Secretary’s plan…let alone “clear congressional authorization” for such a program.’ This ruling protects our client and other borrowers from future financial liability and harm if future administrations demanded repayment of loans which this administration unlawfully tried to forgive.”

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