(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BIDEN, PRESIDENT OF THE UNITED STATES, ET AL. v. NEBRASKA ET AL. CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 22–506. Argued February 28, 2023—Decided June 30, 2023 Title IV of the Higher Education Act of 1965 (Education Act) governs federal financial aid mechanisms, including student loans. 20 U. S. C. §1070(a). The Act authorizes the Secretary of Education to cancel or reduce loans in certain limited circumstances. The Secretary may can- cel a set amount of loans held by some public servants, see §§1078–10, 1087j, 1087ee. He may also forgive the loans of borrowers who have died or become “permanently and totally disabled,” §1087(a)(1); bor- rowers who are bankrupt, §1087(b); and borrowers whose schools falsely certify them, close down, or fail to pay lenders. §1087(c). The issue presented in this case is whether the Secretary has au- thority under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to depart from the existing provisions of the Education Act and establish a student loan forgiveness program that will cancel about $430 billion in debt principal and affect nearly all borrowers. Under the HEROES Act, the Secretary “may waive or mod- ify any statutory or regulatory provision applicable to the student fi- nancial assistance programs under title IV of the [Education Act] as the Secretary deems necessary in connection with a war or other mili- tary operation or national emergency.” §1098bb(a)(1). As relevant here, the Secretary may issue such waivers or modifications only “as may be necessary to ensure” that “recipients of student financial assis- tance under title IV of the [Education Act affected by a national emer- gency] are not placed in a worse position financially in relation to that financial assistance because of [the national emergency].” §§1098bb(a)(2)(A), 1098ee(2)(C)–(D). In 2022, as the COVID–19 pandemic came to its end, the Secretary 2 BIDEN v. NEBRASKA Syllabus invoked the HEROES Act to issue “waivers and modifications” reduc- ing or eliminating the federal student debt of most borrowers. Borrow- ers with eligible federal student loans who had an income below $125,000 in either 2020 or 2021 qualified for a loan balance discharge of up to $10,000. Those who previously received Pell Grants—a spe- cific type of federal student loan based on financial need—qualified for a discharge of up to $20,000. Six States challenged the plan as exceeding the Secretary’s statu- tory authority. The Eighth Circuit issued a nationwide preliminary injunction, and this Court granted certiorari before judgment. Held: 1. At least …
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