Biden v. Nebraska

Docket numbers: 22-506 and 22-535 (S.Ct.); 22-11115 (5th Cir.); 22-3179 (8th Cir.)

On February 3, 2023, the Hamilton Lincoln Law Institute joined with the Committee for Justice to submit an amicus brief with the Supreme Court in support of the plaintiffs challenging the Biden administration’s illegal Student Loan Forgiveness program. In December 2022, the Supreme Court agreed to hear Brown v. U.S. Department of Education, a suit by private plaintiffs, and Nebraska v. Biden, a separate case brought by state attorneys’ general.

HLLI filed amicus briefs in each of prior cases now consolidated before the Supreme Court.

Both cases challenged the unconstitutional Loan Forgiveness Program and the use of the HEROES Act to implement the Program. Our amicus brief argues that the Program violates the major questions doctrine because neither the legislative history nor the text of the HEROES Act permits the Secretary of Education to implement mass student debt cancellation. The statute contains no unequivocal congressional authorization for mass debt cancellation. Hence, the Biden administration’s use of the Act to cancel student debt stretches the statute far beyond it’s intended purpose. We encourage the Court to deem the Program ultra vires and declare it unlawful.

HLLI, the plaintiffs, and the state AGs await the Supreme Court’s decision.

Case Documents before Supreme Court

Earlier Actions in Brown v. U.S. Department of Education

The Hamilton Lincoln Law Institute submitted an amicus brief in support of plaintiffs challenging the Biden administration’s illegal Student Loan Forgiveness program on November 25, 2022. The administration filed an emergency motion to stay an order appropriately enjoining the scheme.

On November 30, the Fifth Circuit denied stay as HLLI urged. The Biden administration’s forgiveness scheme will remain halted until the Fifth Circuit can hear the case, which has been put on hold pending action by the Supreme Court.

Case Documents before Fifth Circuit

Earlier Actions in Nebraska v. Biden

HLLI submitted an amicus brief in support of state AGs’ emergency motion for an injunction pending appeal against the Biden administration’s illegal Student Loan Forgiveness program on October 23, 2022.

On November 18, the Biden administration moved before the Supreme Court to vacate an Eighth Circuit injunction over the unconstitutional debt forgiveness scheme. HLLI filed an amicus brief in opposition to the motion on November 23.

Case Documents before Eighth Circuit