CU-CUF-TPC File Amicus Brief in Biden v. Nebraska (Student Loan Cancellation)
CU-CUF-TPC File Amicus Brief in Biden v. Nebraska.
The amicus brief urges the Supreme Court to affirm the 8th Circuit U.S. Court of Appeals injunction striking down the Biden Administration’s student loan cancellation executive order on two grounds. First, the brief contends the loan cancellation directive is outside the authority granted to the Secretary of Education under the HEROS Act, which was enacted in the wake of the September 11, 2001, terrorist attacks on the United States. Second, if the Court finds that the loan cancellation order falls within the authority granted under the HEROS Act, the Court should revisit its non-delegation doctrine jurisprudence and strike down the loan cancellation authority granted under the HEROS Act as an unconstitutional delegation of Congress’ legislative powers to the Executive Branch in contradiction of the Constitution’s separation-of-powers doctrine.