Notice & Comment

1/4/2024 AALS/FedSoc Panel: The Future of Student Loan Cancellation, State Standing, and the Major Questions Doctrine after Biden v. Nebraska

At the Association of American Law Schools (AALS) annual meeting in Washington, DC, this week, I’ll be moderating a terrific panel on the student loan cancellation cases the Supreme Court decided last term. The panel will take place on Thursday, January 4, 2024, from 4:45-6:30PM, and it will be livestreamed here.

Here’s a description of the panel:

In response to the COVID-19 pandemic, the Secretary of Education created a nationwide student loan cancellation program for certain borrowers under the HEROES Act of 2003. In Biden v. Nebraska, the Supreme Court invalidated the Biden Administration’s student loan cancellation program. In the course of doing so, it found that the State of Missouri had standing to challenge the program and invoked the major questions doctrine, with a notable concurrence by Justice Amy Barrett seeking to explain the major questions doctrine as a linguistic canon. This panel will discuss various questions raised by this decision, including the future of state and Article III standing, the scope, basis and future of the major questions doctrine, and the Administration’s ongoing efforts to craft a new student loan forgiveness program administratively.

And here is the list of the panelists:

  • Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law
  • Prof. Julia Mahoney, John S. Battle Professor of Law and Joseph C. Carter, Jr., Research Professor of Law, University of Virginia School of Law
  • Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of Law
  • Prof. Daniel Walters, Associate Professor of Law, Texas A&M University School of Law
  • Moderator: Christopher J. Walker, Professor, University of Michigan Law School

Definitely join us in person or virtually!