On Tuesday, President Joe Biden’s $400 million student loan forgiveness plan will finally be heard by the Supreme Court. Experts predict that the administration will wish it was somewhere else by the end of the arguments.

Biden’s proposal to forgive some borrowers up to $20,000 is likely to face a tough ride before a court that has a 6-3 conservative majority. They also have a growing distrust of agencies acting without Congress’ approval.

Ilya Somin, a George Mason University law professor, stated that “the case against him on merits is very strong.” Somin responded that the administration was certain to lose if asked if that is the case.

What is the Supreme Court doing about student loan forgiveness?

Two cases that challenge Biden’s student loan forgiveness program will be heard by the Supreme Court Tuesday, Biden V. Nebraska and Department of Education. v. Brown. Arguments will begin at 10 a.m. Eastern Standard Time (EST) and could last for several hours.

Although a decision on the program will not be made until later in the year, the justices could offer clues as to which direction they are going in these cases and why.

What is at stake in student loan cases before the Supreme Court

In the last few weeks of Biden’s plan, 26 million borrowers applied. More than 16 million were approved after a pair court decisions put the effort in limbo. According to the administration, 40 million people could be eligible.

Jen Ramos is one among them. According to the 30-year-old Texan, she was able to complete her studies for a communications degree a decade ago. However, financial insecurity and domestic violence forced her to stop. She was able to get her education back on track with a separate program and is currently finishing her senior year at Texas A&M International University.

Ramos commutes long distances to get to class so she can complete the program she started. Ramos said she would be eligible to receive $10,000 in relief, enough to reduce the interest she owes.

Ramos, who works in civil rights for Latinos in media and telecommunications, said, “We are dependent on higher education but degrees haven’t gotten cheaper.” This could make a big difference.”

Why is there so much doubt about Biden’s position regarding student loan forgiveness?

The administration has lost many similar cases in recent times, which is a large part of the reason there is doubt about the legality and legality of the loan forgiveness programme.

Biden was stopped from extending an expulsion moratorium linked to the COVID-19 pandemic. The 1944 law gives health officials the power to make and enforce regulations necessary to stop disease spread. The Supreme Court overturned the moratorium in 2021. It ruled that Congress could not have imagined the law resulting in an end to evictions.

Last year, the Supreme Court ruled against any restriction on power plant emissions in a case relating to climate change. Chief Justice John Roberts wrote for a majority of 6-3 that Congress has the power to impose regulations “of such consequence and magnitude.”

Over the objection of three liberal justices the court ruled that the administration did not have the power to impose vaccine-or testing requirements on employers last year.

To strike down regulations not specifically authorized by the law, the majority of the Supreme Court has used what is known as the “major question doctrine”. In the case of student loans, plaintiffs claim that the same doctrine applies.

How can Biden win the cases of loan forgiveness?

White House officials tried to reassure supporters that the law was on Biden’s side. Karine Jean-Pierre, White House press secretary, stated last week that the administration is “very confident” in what it considers an “important policy.”

Experts say that critics are too focused on the Supreme Court’s decisions in the past. They say that the law Biden used to fulfill his campaign promise of debt forgiveness is clearer than those used for the eviction moratorium and vaccine mandate.

Mark Rahdert, a Temple University law professor, said that in order to rule against Biden, the court would need to “say the statute does not mean what it says.” Rahdert stated that this would be a “backpedaling” for a conservative majority who has placed a lot of emphasis on the law being read for what it means.

The law allows the Department of Education to “waive” or modify loan rules in order to assist Americans who are affected by an emergency such as the pandemic.

Experts believe Biden is likely to win a narrow victory on a procedural question. Whether the right plaintiffs were sued. Before the case can proceed to the merits, justices will first have to decide whether the plan of Biden is harmful to the states or the borrowers.

Stephen Vladeck, a University of Texas law professor, stated that some plaintiffs are raising the type of “generalized grievance” which the court has historically rejected, thus putting their ability to sue into question.

He said, “What I’ll be looking for is how many of the arguments…are predominated by standing.” “How much do the justices, particularly the more conservative ones, push back against the arguments made by the red states?”