Biden’s College Loan Forgiveness Is Unconstitutional

Anthony Galli
3 min readAug 25, 2022

You can personally benefit from something and still consider it bad public policy.

Here’s why I’m against Biden’s unilateral action:

It’s unconstitutional. Biden is claiming the 2003 HEROS Act and the 1965 Higher Education Act gives him the authority to cancel $300 billion or for that matter all $1.8 trillion student loan debt if he so decrees, which means in theory he could make college “free.” If the Supreme Court takes up Biden’s executive order they’ll likely strike it down because in examining the original intent of the Act(s) they’d conclude that if Congress actually wanted to surrender all authority for student loan cancellation to the executive branch they would’ve explicitly said so in the statutory language.

The Biden administration may secretly hope the Supreme Court strikes it down because if his executive order is allowed to stand then Democrats will be pressured in future presidential primaries to promise to make college “free” with the same stroke of the pen, which if done is something that would hurt the Democratic Party’s ability to enrich academia because taxpayers would demand large cuts to tuition prices. And conversely, if his executive order is allowed to stand then Republicans will be pressured in future presidential primaries to promise to abolish federal student loans altogether…

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