A Republican measure overturning President Joe Biden’s student loan cancellation plan passed the Senate on Thursday and now awaits an expected veto.
The vote was 52-46, with support from Democratic Sens. Joe Manchin of West Virginia and Jon Tester of Montana as well as Arizona Sen. Kyrsten Sinema, an independent. The resolution was approved last week by the GOP-controlled House by a 218-203 vote.
Biden has pledged to keep in place his commitment to cancel up to $20,000 in federal student loans for 43 million people. The legislation adds to Republican criticism of the plan, which was halted in November in response to lawsuits from conservative opponents.
The Supreme Court heard arguments in February in a challenge to Biden’s move, with the conservative majority seemingly ready to sink the plan. A decision is expected in the coming weeks.
In an interview with Spectrum News earlier this week, Education Secretary Miguel Cardona said he is “confident” that the plan will move forward.
The Biden administration said it is well within its rights to implement the program based on the Higher Education Relief Opportunities for Students Act of 2003, commonly known as the HEROES Act. The law allows the education secretary to modify or waive loan provisions during a national emergency — in this case the COVID-19 pandemic.
Despite that the high court’s conservative justices appeared skeptical about the Biden administration’s plan, Dr. Cardona projected confidence that the plan’s legal authority is sound.
“We put the best legal argument forward,” Dr. Cardona said. “The HEROES Act does give me the authority, just like it gave the last administration, the authority to pause loans, and I use that same authority to extend the pause and to provide targeted debt relief.”
“I know we have the legal authority, I’m confident that we’re gonna move forward with it,” he added.
“The president’s student loan schemes do not ‘forgive’ debt, they just shift the burden from those who chose to take out loans onto those who never went to college or already fulfilled their commitment to pay off their loans,” said Louisiana Sen. Bill Cassidy, lead sponsor of the Senate push.
The legislation aims to revoke Biden’s cancellation plan and curtail the Education Department’s ability to cancel student loans in the future. It would rescind Biden’s latest extension of a payment pause that began early in the pandemic. It would retroactively add several months of student loan interest that was waived by Biden’s extension.
It would also roll back months of progress borrowers made toward loan cancellation through the Public Service Loan Forgiveness program. Those who recently had their debt canceled through the program would have their loans reinstated.
The GOP challenge invoked the Congressional Review Act, which allows Congress to undo recently enacted executive branch regulations. Passing a resolution requires a simple majority in both chambers, but overriding a presidential veto requires two-thirds majorities in the House and Senate, and Republicans aren’t expected to have enough support to do that.
“If Republicans were to get their way and pass this bill into law, people across the country would have relief they are counting on snatched away from them,” said Sen. Patty Murray, D-Wash.
