Student Loans, Major Questions, and the Dean Wormer Theory of Administrative Law

51 Pages Posted: 21 Oct 2022 Last revised: 17 Nov 2022

See all articles by Jack Fitzhenry

Jack Fitzhenry

The Heritage Foundation

GianCarlo Canaparo

The Heritage Foundation

Date Written: October 17, 2022

Abstract

President Biden has announced a plan to cancel up to $20,000 of student loan debt for about 42 million borrowers. This raises a host of questions: Is this a free lunch, or is someone harmed? If someone is harmed, do they have standing to sue? If someone with standing sues, will Biden’s plan be set aside as unlawful? How do the major questions doctrine of West Virginia v. EPA and the pretext concerns of Department of Commerce v. New York bear on that question? What about Alabama Association of Realtors v. DHHS and NFIB v. OSHA? And finally, why did Biden choose Dean Vernon Wormer as his administrative law guru? We can only speculate as to that last question, but we can and do answer all the others.

Keywords: student loans, major questions, administrative law, West Virginia v. EPA, standing

Suggested Citation

Fitzhenry, Jack and Canaparo, GianCarlo, Student Loans, Major Questions, and the Dean Wormer Theory of Administrative Law (October 17, 2022). Texas Review of Law & Politics, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4250322 or http://dx.doi.org/10.2139/ssrn.4250322

Jack Fitzhenry

The Heritage Foundation

GianCarlo Canaparo (Contact Author)

The Heritage Foundation

214 Massachusetts Ave NE
Washington, DC 20002-4999
United States

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