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this post was submitted on 31 Aug 2023
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Under powers that were explicitly granted to the White House by the legislature. You can doubt their validity all you want, but they’re there—including the right of the secretary to “waive or modify”—WAIVE or modify—“the existing provisions.” It’s quoted in the majority opinion then ignored by the ruling.
That is the apple being legislated into a banana.
I guess you must know more about law than Biden did 2 years ago when he publically talked about probably not having the authority: https://www.politico.com/news/2021/02/17/student-loan-forgiveness-biden-469677
It's nowhere near that straightforward. And for a third time, if it was the intent of Congress, now would be the time for them to clarify that with direct legislation. But they are not.