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In August 2022, the U.S Department of Education (ED) announced it would invoke the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to cancel up to $20,000 of federal student loan debts for borrowers who fell below certain income thresholds. The HEROES Act authorizes the Secretary to "waive or modify" statutory or regulatory provisions applicable to federal student financial assistance programs under Title IV of the Higher Education Act (HEA) of 1965 to ensure that borrowers are not placed in a worse position financially in relation to their student loans as a result of a war, other military operation, or national emergency. Plaintiffs filed multiple lawsuits challenging the cancellation policy before any borrowers could obtain relief under it. Certain suits resulted in two federal court orders blocking implementation of the program. The Supreme Court agreed to review these two cases, "Biden v. Nebraska" and "Department of Education v. Brown," and heard oral argument in February 2023. The questions for which the Court granted certiorari generally can be divided into jurisdictional questions, that is, whether federal courts may hear the challenges to the cancellation policy, and merits questions, that is, assuming jurisdiction exists, whether the cancellation policy is lawful. This report begins by placing those important questions in their context, surveying affected federal student loan programs, past uses of HEROES Act authority, and congressional debates concerning student loan cancellation. The report then describes the cancellation policy itself and traces the history of Nebraska and Brown in the lower courts. This report next assesses the parties' key legal arguments about standing, statutory authority for the policy, and whether the Secretary adopted the policy in a procedurally valid manner. Finally, this report concludes with a discussion of potential implications of decisions in Nebraska and Brown for the cancellation policy, for the Secretary's HEROES Act authority, and for legal doctrines that are not confined to the federal student loan context.

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