[2][3] In August 2022, Biden announced that he would use executive action to forgive $10,000 in student loans for borrowers earning less than $125,000 individually and $250,000 as married couples, including an additional $10,000 for Pell Grant recipients.

[8] The borrowers asserted they had standing due to their inability to voice their disagreement with the program through a formal notice-and-comment rule making process required by the Administrative Procedure Act.

[11] After the 8th Circuit granted an injunction pending appeal, the federal government sought to vacate the stay at the Supreme Court on November 18, 2022.

[7] On December 12, the Supreme Court agreed to hear arguments in the second case initiated by the student loan borrowers, Department of Education v. Brown, jointly with Biden v.

After first establishing that at least Missouri had Article III standing to challenge the debt forgiveness program, Roberts held that the statutory grant of authority to the Secretary of Education to 'waive or modify' loan terms could not be extended to the student loan forgiveness program, and that a debt cancellation of this scale required clear congressional authorization and fell under the major questions doctrine.

[27] President Biden responded to the Supreme Court's decision by pledging a new effort to cancel student loans by utilizing the Higher Education Act of 1965.

[28] The Supreme Court's ruling in Biden v. Nebraska was used as guidance in implementing preliminary injunctions against further proposals to forgive student loans via the SAVE repayment plan.