Some people mistakenly think Congress can block still block the forgiveness. Well, it CAN -- but it would take NEW legislation, and that won't pass Congress and be signed into law by Biden, now will it?
https://www.forbes.com/sites/markkantrowitz/2022/03/23/biden-can-forgive-student-loans-by-issuing-new-regulations/?sh=3d1a4ea41401
"Any type of broad student loan forgiveness is likely to face legal challenge. However, student loan forgiveness implemented through a regulatory change is more likely to survive legal challenge than student loan forgiveness implemented through an executive order.
The Congressional Review Act of 1996 gives Congress the ability to overturn new regulations within 60 legislative days by passing a joint resolution. If Congress does not do this, it is a sign that the new regulations are consistent with the intent of Congress. This eliminates one of the primary legal arguments against broad student loan forgiveness. The regulatory changes also benefit from clear statements of regulatory authority in the statute and the precedent set by prior use of this regulatory authority.
The new regulations could also face legal challenge under the Administrative Procedures Act (APA). But, if the Biden Administration follows proper procedure in establishing the new regulations, with a reasoned explanation for the regulatory change, the courts are unlikely to find that the new regulations are “arbitrary and capricious.”
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