Where Biden's student loan forgiveness plan stands | CNN Politics

Washington CNN —

President Joe Biden’s student loan forgiveness program remains on hold while a federal appeals court considers a legal challenge brought by six GOP-led states.

The Biden administration continues to accept applications for student loan forgiveness, which is worth up to $20,000 per borrower, but it is not currently allowed to cancel student loan debt due to a temporary, administrative hold put on the program by the 8th US Circuit Court of Appeals on October 21.

Next, the appeals court will decide whether to grant a preliminary injunction requested by the states. If granted, the student loan forgiveness program could be kept on hold while litigation continues and the court hears from both parties on the merits of the case. If the injunction is not granted, debt cancellation may begin while the appeal plays out.

The ruling on the preliminary injunction could come at any time.

A lower court judge dismissed the lawsuit on October 20, ruling that the states did not have the legal standing to bring the challenge. Supreme Court Justice Amy Coney Barrett also rejected a separate challenge to Biden’s student loan forgiveness program, declining to take up an appeal brought by a Wisconsin taxpayers group.

On November 10, a federal judge in Texas struck down Biden’s student loan forgiveness program, declaring it illegal.

The lawsuit was filed by a conservative group, the Job Creators Network Foundation, in October on behalf of two borrowers who did not qualify for debt relief. The Biden administration is also facing lawsuits from Arizona’s GOP Attorney General Mark Brnovich and the Cato Institute.

Many of the lawsuits claim that the Biden administration does not have the legal authority to broadly cancel student loan debt. But lawyers for the government argue that Congress gave the secretary of education the power to discharge debt in a 2003 law known as the HEROES Act.

Twenty-six million people have so far applied for student loan forgiveness with 16 million borrowers approved for relief, the Biden administration said on November 10. The application opened on October 14.

But borrowers should not expect to see their debts canceled until the appeals court lifts the hold on the program.

How can borrowers apply for student loan forgiveness?

Borrowers can apply online here: https://studentaid.gov/debt-relief/application.

Applicants can expect to receive an email confirmation once their application is successfully submitted. Then, borrowers will be notified by their loan servicer if and when the debt cancellation has been applied to their account.

Borrowers have until December 31, 2023, to submit an application.

If the court allows the administration to grant student loan forgiveness, an estimated 8 million eligible borrowers may receive the debt cancellation automatically because the Department of Education already has their income information on file. Those borrowers may begin to see their debt canceled on November 15, at the earliest, if there is not a legal pause in place at that time.

Who may be eligible for student loan forgiveness?

If Biden’s program is allowed to move forward, individual borrowers who earned less than $125,000 in either 2020 or 2021 and married couples or heads of households who made less than $250,000 annually in those years could see up to $10,000 of their federal student loan debt forgiven.

If a qualifying borrower also received a federal Pell grant while enrolled in college, the individual is eligible for up to $20,000 of debt forgiveness.

There are a variety of federal student loans and not all are eligible for relief. Federal Direct Loans, including subsidized loans, unsubsidized loans, parent PLUS loans and graduate PLUS loans, are eligible.

But federal student loans that are guaranteed by the government but held by private lenders are not eligible unless the borrower applied to consolidate those loans into a Direct Loan before September 29.

This story has been updated with additional information.

5 significant bills and 5 executive orders Biden signed in his first ...

CNN —

President Joe Biden took the oath of office a year ago with the country facing challenges not seen in generations.

On top of a once-in-a-century pandemic, the new President inherited an economy that had crumbled as Covid-19 cases rose and a nation so divided that his predecessors supporters had stormed the US Capitol two weeks prior in a bid to stop his ascent. Still, expectations for Biden were sky high among Democrats after Jon Ossoff and the Rev. Raphael Warnock won run-off elections in Georgia to become the Peach State’s senators and flip the chamber to the Democrats, giving the Democrats control of Congress by the narrowest of margins.

Over the last year, Biden managed to get some of his top priorities passed through Congress but remains stymied on others, leaving him with less than a year to work with Democrats to pass his legislative agenda before the next Congress is sworn-in following the 2022 midterm elections. He also used his executive branch powers to sign 77 executive orders in his first year in office, outpacing his predecessors former President Donald Trump, who signed 58 executive orders in the same time; former President Barack Obama, who signed 41; and former President George W. Bush, who signed 56, according to data from the Federal Register.

Here are the top five bills Biden signed into law this year, his top five executive orders and the top five things he will prioritize in 2022.

Five marquee laws Biden signed in his first year

1. The American Rescue Plan Act and extending existing Covid-19 programs

US President Joe Biden signs the American Rescue Plan on March 11, 2021, in the Oval Office of the White House in Washington, DC. - Biden signed the $1.9 trillion economic stimulus bill and will give a national address urging "hope" on the first anniversary of the start of the coronavirus pandemic. (Photo by MANDEL NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images) Mandel Ngan/AFP/Getty Images

Biden signed the American Rescue Plan, a sweeping $1.9 trillion package, into law in early March. The series of measures – which make up one of the most consequential pieces of legislation in decades intended to bolster the US’ recovery from the coronavirus pandemic – included stimulus payments of up to $1,400 per person for about 90% of American households, a $300 federal boost to weekly jobless benefits and an expansion of the child tax credit of up to $3,600 per child.

The plan, which did not receive support from any Republicans in Congress, also included $350 billion in state and local aid, as well as billions of dollars for K-12 schools to help students return to the classroom, to assist small businesses hit hard by the pandemic and for vaccine research, development and distribution.

That same month, Biden also signed two bills extending existing economic relief during the pandemic. He signed legislation into law extending the Paycheck Protection Program – the federal government’s key relief effort to deliver aid to small businesses hard hit by the pandemic. He also signed through the COVID-19 Bankruptcy Relief Extension Act, which extended temporary bankruptcy relief provisions granted by the CARES Act.

2. Infrastructure Investment and Jobs Act

Biden signed the legislation into law in November, which infuses $1.2 trillion dollars into Americans’ traditional “hard” infrastructure, such as roads and bridges. The bill’s passage was marked at a White House event with lawmakers from both parties.

The legislation provided $550 billion in new federal investments for American roads, bridges, mass transit, rail, airports, ports and waterways. The package also included $65 billion for improving broadband infrastructure and billions for improving the electric grid and water systems. Another $7.5 billion is going toward establishing a nationwide network of plug-in electric vehicle chargers.

The “hard” infrastructure package is part one of a two-part infrastructure plan proposed by Biden. The second portion, a $1.75 trillion economic and climate package called “Build Back Better,” has yet to pass in the Senate.

3. Bills to avoid a government shutdown and keep the federal government running

Biden signed two stopgap measures – one in late September and one in December – to avoid a government shutdown.

December’s extension, which came just hours before a midnight deadline, marked the end of an impasse over some Republican senators’ objections to Biden’s Covid-19 vaccine requirements. Funding in the December stopgap bill extends through mid-February.

In December, Biden also signed a bill raising the national debt limit by $2.5 trillion and extending it into 2023.

Additionally, the President signed two emergency provisions for funding in July and September – the Extending Government Funding and Delivering Emergency Assistance Act and the Emergency Security Supplemental Appropriations Act.

The first provided additional emergency funding to address the aftermath of the January 6 insurrection, financial needs arising from the US withdrawal from Afghanistan and expenses incurred at the US Capitol as a result of the pandemic. The second bill provided funding for disaster relief and Afghanistan evacuees, among other appropriations.

4. Juneteenth National Independence Day Act

Biden signed a bill into law in the summer establishing June 19 as Juneteenth National Independence Day – a US federal holiday commemorating the end of slavery in the US.

The Juneteenth holiday commemorates June 19, 1865, when Union Major General Gordon Granger announced the end of slavery in Galveston, Texas, in accordance with President Abraham Lincoln’s 1863 Emancipation Proclamation. Efforts to establish Juneteenth as a federal holiday gained momentum following Black Lives Matter protests sparked by the police killing of George Floyd.

Juneteenth is the first federal holiday established since Martin Luther King Jr. Day in 1983 and becomes at least the 11th federal holiday recognized by the US federal government.

5. Uyghur Forced Labor Prevention Act

The Uyghur Forced Labor Prevention Act, which banned imports from China’s Xinjiang region, was signed into law in December.

The new law bans imports unless an importer can prove the goods were not made with forced labor in the region of the country accused of human rights violations over its treatment of Muslim-majority Uyghurs.

Five significant executive orders Biden signed in his first year

1. Reversing Trump-era policies

The first days of the Biden administration were marked, largely, by a reversal of actions taken by the Trump administration. Biden campaigned, in part, on dismantling his predecessor’s legacy, and moved quickly to undo some of Trump’s policies starting on day one. In his first 100 days in office, Biden signed more than 60 executive actions, 24 of which were direct reversals of Trump’s policies.

In his first hours after he was inaugurated, Biden halted funding for the construction of Trump’s border wall, reversed his travel ban targeting largely Muslim countries and embraced progressive policies on the environment and diversity that Trump spent four years blocking. Biden also reversed several of Trump’s attempts to withdraw from international agreements, beginning the process of rejoining the Paris climate accord and halting the United States’ departure from the World Health Organization. And he imposed a mask mandate in federal buildings, a symbolic break with Trump’s handling of the pandemic.

Biden later revoked Trump-era executive orders targeting TikTok and other Chinese apps, another aimed at “Preventing Online Censorship,” and an order to build “the Garden of American Heroes” announced by Trump during an Independence Day celebration at Mount Rushmore in 2020.

2. Vaccine requirements

Perhaps the most controversial executive action taken by Biden in the past year was his effort to mandate Covid-19 vaccinations or testing for large businesses, an effort ultimately thwarted by the Supreme Court.

In September, as part of a push to get more Americans vaccinated, Biden directed the Labor Department to require all businesses with 100 or more employees to ensure their workers are either vaccinated or tested once a week. He also signed an executive order requiring all government employees to be vaccinated, with no option of regular testing to opt out. And he required the 17 million health care workers at facilities receiving funds from Medicare and Medicaid to be fully vaccinated, expanding the mandate to hospitals, home care facilities and dialysis centers around the country.

As companies rushed to implement policies, the requirement was met with nearly immediate court challenges. And last week, in a devastating blow to the administration, the Supreme Court blocked the requirement for large businesses, but allowed the mandate for certain health care workers to go into effect nationwide. However, the action may have led to some increased vaccinations despite its failure. Citigroup, for instance, reported 99% compliance with its vaccine mandate.

3. Gun control

While talks on Capitol Hill have failed to produce any breakthroughs on gun reform legislation, Biden has sought to take some actions on gun control in his first year, which comes amid a record-breaking spike in homicides and gun violence.

US President Joe Biden speaks about gun violence prevention in the Rose Garden of the White House in Washington, DC, on April 8, 2021. - Biden unveiled measures aimed at curbing rampant US gun violence, especially seeking to prevent the spread of untraceable "ghost guns." BRENDAN SMIALOWSKI/AFP/Getty Images

Last year, Biden took a limited set of steps directing his administration to tighten restrictions on so-called ghost guns and pistol stabilizing braces that allow the weapons to be used more accurately. He also expanded background checks for certain types of guns, made new investments in intervention programs for violence-prone communities, and created model “red flag” legislation for states to pass.

Biden campaigned on sweeping actions to curb gun violence, but those actions fell short of more significant reforms requiring legislation. Biden and top administration officials have repeatedly called on Congress to pass a bill on background checks, one aimed at keeping guns out of the hands of abusers and the Build Back Better Act, which includes programs for community violence intervention, but those bills remain stalled.

4. Climate targets

Biden leveraged his executive power in December to direct the federal government to get to net-zero emissions by 2050, a step toward meeting his stated climate goals as his sweeping Build Back Better agenda, which has significant climate provisions, remains stalled in Congress.

The executive order directed the US government to buy clean energy, purchase electric vehicles, and make federal buildings more energy efficient. The federal government maintains 300,000 buildings, drives 600,000 cars and trucks in its vehicle fleet and spends hundreds of billions of dollars each year. That action came after Biden pledged that the US will reduce its greenhouse gas emissions by 50% to 52% below its 2005 levels by 2030.

5. Improving government processes

Biden also took steps last year to streamline government services, aiming to improve the customer experience on a variety of services run by the federal government that can be frustrating and time-consuming; for instance, waiting in line at the airport, renewing your passport, filing taxes, the process of retiring, paying back student loans, applying for a small business loan, changing your name and using telehealth services.

That order, signed in December, directed 17 federal agencies to focus on more than 30 key areas where Americans can expect more efficient services and less hassle. The reform efforts are organized around major life experiences, from having a child to surviving a natural disaster. Notably, Americans will be able renew passports online. And it will allow tax filers to schedule a customer support call-back when they are trying to reach the IRS for help. Those actions, officials said, would be completed within the year.

Biden’s top five 2022 priorities

1. Covid-19

How Biden handles the coronavirus pandemic is the defining issue of his presidency. Nearly two years into the pandemic, the US is grappling with a surge of the Omicron variant, with cases and hospitalizations again on the rise in many states across the country.

The administration will soon be making one billion at-home rapid tests available to Americans for free after it received criticism for test shortages amid the Omicron surge. The President has also said his administration will distribute 400 million high-quality masks to Americans for free to help stop the spread of the virus. The administration also continues to allocate $1.9 trillion in funds from the Democrats’ Covid-19 emergency relief law the President signed into law last year.

Despite the administration rolling out a national vaccination program last year and vaccines being free and readily available to Americans, the President faces a steep challenge in getting the rest of the country vaccinated. Tens of millions of Americans are bucking the advice of health and medical experts and refuse to get the shot, as disinformation about the safety and efficacy of the vaccines runs rampant throughout the nation.

2. Build Back Better

The centerpiece of Biden’s domestic agenda – a nearly $2 trillion climate and economic spending package – remains stalled in the Senate amid opposition from Democratic Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. The massive piece of legislation includes key party priorities that Democrats want to deliver before the midterm elections in November and while they still have control of the House, Senate and White House.

Senate Majority Leader Chuck Schumer has said the chamber will vote on a revised version of the package that the Democrat-led House has already passed and said, “We will keep voting on it until we get something done.” What the package ultimately looks like remains uncertain. But in the current bill, most of the funding is focused on reducing the cost of child and health care and combating the climate crisis. It would create universal pre-kindergarten, send families an enhanced child tax credit and provide beefed-up subsidies on the Affordable Care Act exchanges.

The White House will also be focusing this year on implementing the bipartisan infrastructure law – the first part of Biden’s two-part infrastructure plan – and touting the benefits of the law to the American people ahead of the midterm elections.

3. Voting rights

The President and congressional Democrats are under pressure to pass legislation to safeguard voting access amid a push by Republicans across the nation to make it harder for people to vote. The Democratic-led House has approved a measure that combined key provisions of two major voting bills – the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act – but its fate remains uncertain in the Senate.

The problem is Democrats don’t have the votes to pass the voting legislation under the current Senate rules because of Republican opposition and they also do not appear to have the votes to change those rules. Manchin and Sinema have been steadfast in their opposition to changing the filibuster rules, which require 60 votes to end debate on legislation.

The President recently ramped up efforts on the issue and delivered a forceful speech in Atlanta vowing to protect voting rights and calling on the Senate to amend the filibuster rules.

4. Inflation

Prices rose at the fastest pace in nearly 40 years last month as the US economy continues to struggle to rebound from the coronavirus pandemic. Global supply chain issues, worker shortages and high consumer prices are all contributing to the economic anxiety currently gripping the United States and causing Biden’s approval ratings to dip.

The White House has taken several steps to attempt to mitigate supply chain issues and lower prices for Americans, including extending hours and speeding up operations at key ports and assembling a task force dedicated to the issue. In an attempt to lower high gas prices, Biden directed the release of 50 million barrels of oil from the Strategic Petroleum Reserve – the largest release from the reserve in US history – in coordination with other major countries. The Omicron variant is now threatening to put renewed pressure on global supply chains and exacerbate existing issues that the administration will be working to manage this year.

5. Foreign policy challenges

Biden came into office vowing to restore the US’ credibility on the world stage and is currently facing several foreign policy challenges that will test that promise.

Russia has amassed tens of thousands of troops on the Ukrainian border and the world is watching to see whether Russian President Vladimir Putin invades the nation. US officials have grown increasingly pessimistic about the possibility of salvaging the Iran nuclear deal and have warned of turning to other options if diplomacy fails. And China remains accused of forced labor and human rights abuses in the country’s western region of Xinjiang.

Particularly in the wake of the a messy withdrawal from Afghanistan, Biden faces the challenge of defining the US’ role in the world under his administration as well as responding to crises that may occur.

Maegan Vazquez Kate Sullivan Betsy Klein

Everything you need to know about Biden's student loan forgiveness ...

Washington CNN —

President Joe Biden’s federal student loan forgiveness program, which promises to deliver up to $20,000 of debt relief for millions of borrowers, is on hold as legal challenges work their way through the courts.

The Supreme Court will hear arguments on February 28 in two cases concerning the forgiveness program, with a decision expected by late June or early July.

About 26 million people had already applied by the time a federal district court judge struck down the program on November 10, 2022 – prompting the government to stop taking applications. No debt has been canceled thus far.

The administration officially launched the application on October 17, 2022, following a brief “beta period” during which its team assessed whether tweaks were needed.

If the courts ultimately allow the program to move forward, not every student loan borrower is eligible for the debt relief. First, only federally held student loans qualify. Private student loans are excluded.

Second, high-income borrowers are generally excluded from receiving debt forgiveness. Individual borrowers who make less than $125,000 a year and married couples or heads of households who make less than $250,000 annually could see up to $10,000 of their federal student loan debt forgiven.

If a qualifying borrower also received a federal Pell grant while enrolled in college, the individual is eligible for up to $20,000 of debt forgiveness. Pell grants are awarded to millions of low-income students each year, based on factors including their family’s size and income and the cost charged by their college. These borrowers are also more likely to struggle to repay their student debt and end up in default.

Here’s what else borrowers need to know about the proposed student loan forgiveness plan:

What are the legal challenges to Biden’s forgiveness plan?

The Biden administration faced several lawsuits over the student loan forgiveness program, two of which have made it to the Supreme Court. The plaintiffs argue that the Department of Education is overstepping its authority.

One of the lawsuits was brought by six Republican-led states, headed by Nebraska, that argue that the student loan forgiveness program violates the separation of powers and the Administrative Procedure Act, a federal law that governs the process by which federal agencies issue regulations.

A lower court judge dismissed this lawsuit on October 20, ruling that the plaintiffs did not have the legal standing to bring the challenge. In November, the 8th US Circuit Court of Appeals reversed and blocked the program.

The other challenge that the Supreme Court will hear was brought by two individual borrowers – Myra Brown and Alexander Taylor – who are not qualified for full debt relief forgiveness and who say they were denied an opportunity to comment on the secretary of education’s decision to provided targeted student loan debt relief to some.

The lawsuit was filed with the backing of a conservative group called the Job Creators Network Foundation. A federal judge in Texas ruled in favor of the plaintiffs, striking down the program on November 10.

Lawyers for the government say that Congress gave the secretary of education “expansive authority to alleviate the hardship that federal student loan recipients may suffer as a result of national emergencies,” like the Covid-19 pandemic, according to a memo from the Department of Justice.

When will I receive my debt relief?

It’s unclear when, or if, borrowers will see debt relief under Biden’s program.

Administration officials expected to be able to grant relief before January, when payments were set resume after the pandemic-related pause expired. But now debt cancellation won’t occur until at least June when the Supreme Court is expected to issue a ruling.

On November 22, 2022, the Biden administration extended the pandemic-related pause on payments until 60 days after the litigation is resolved. If the program has not been implemented and the litigation has not been resolved by June 30, payments will resume 60 days after that.

The White House has said that it has already approved 16 million applications for debt relief. The Department of Education will hold on to that information so it can quickly process those borrowers’ relief if the government prevails in court.

If and when the program moves forward, an estimated 8 million borrowers may receive debt relief automatically because the Department of Education already has their income on file.

If the government restarts taking applications, borrowers can apply online here: https://studentaid.gov/debt-relief/application.

Applicants can expect to receive an email confirmation once their application is successfully submitted. Then, borrowers will be notified by their loan servicer when the debt cancellation has been applied to their account.

Borrowers were expected to have until December 31, 2023, to submit an application.

What kind of federal loans are eligible?

There are a variety of federal student loans and not all are eligible for relief if the program is allowed to proceed. Federal Direct Loans, including subsidized loans, unsubsidized loans, parent PLUS loans and graduate PLUS loans, are eligible.

But federal student loans that are guaranteed by the government but held by private lenders are not eligible unless the borrower applied to consolidate those loans into a Direct Loan by September 29, 2022.

The Department of Education initially said these privately held loans, many of which were made under the former Federal Family Education Loan program and Federal Perkins Loan program, would be eligible for the one-time forgiveness action – but reversed course last September when six Republican-led states sued the Biden administration, arguing that forgiving the privately held loans would financially hurt states and student loan servicers.

Defaulted Federal Family Education Loans and defaulted Perkins Loans would be eligible for the debt relief even if they are privately held.

What year is the income threshold based on?

If Biden’s program is allowed to move forward, eligibility is based on a borrower’s adjusted gross income for either tax year 2020 or 2021. Adjusted gross income can be lower than your total wages because it considers tax deductions and adjustments, like contributions made to a 401(k) retirement plan.

A taxpayer’s adjusted gross income can be found on line 11 of IRS Form 1040.

How will the government know what my income was?

The Department of Education says it already has income information for nearly 8 million borrowers, likely because of financial aid forms or previously submitted income-driven repayment plan applications. If the program is allowed to move forward, those borrowers will automatically receive the debt relief if they meet the income requirement, unless they choose to opt out. The department has said it will email borrowers who will be considered for debt relief but don’t need to apply.

Millions of other borrowers will need to apply for student loan forgiveness if the Department of Education doesn’t have their income information on file. When they submit the application, borrowers are required to self-attest that their income is under the eligibility threshold. They are required to certify that the information provided is accurate upon penalty of perjury.

The Biden administration has said that applicants who are “more likely to exceed the income cutoff” will be required to submit additional information, like a tax transcript. Officials expect that just 5% of borrowers with eligible federal student loans would not qualify due to the income threshold.

Will I have to pay taxes on the amount of debt canceled?

Borrowers will not have to pay federal income tax on the student loan debt forgiven, thanks to a provision in the American Rescue Plan Act that Congress passed in 2021.

But it’s possible that some borrowers may have to pay state income tax on the amount of debt forgiven. There are a handful of states that may tax discharged debt if state legislative or administrative changes are not made beforehand, according to the Tax Policy Center. The tax liability could be hundreds of dollars, depending on the state.

I’m a current student. Am I eligible for forgiveness?

Yes, some current students would be eligible under Biden’s plan if it’s allowed to take effect. Eligibility for borrowers who filed the Free Application for Federal Student Aid, known as the FAFSA, as an independent will be based on the individual’s own household income.

Eligibility for borrowers who are enrolled as dependent students, generally those under the age of 24, will be based on parental income for either 2020 or 2021.

I have student debt from graduate school. Am I eligible for forgiveness?

Yes, if your income meets the eligibility threshold and the program is allowed to be implemented.

I’m a parent and took out a Parent PLUS loan. Am I eligible?

Yes, you could be eligible if your income meets the threshold. A parent borrower with federal Parent PLUS loans for multiple children is still only eligible for up to $20,000 of loan forgiveness.

But a parent is only eligible for up to $20,000 in debt relief if he or she received a Pell grant for his or her own education. If only the child received a Pell grant, the parent is eligible for up to $10,000 in forgiveness.

How do I know if I ever received a Pell grant?

Most borrowers can log in to Studentaid.gov to see if they received a Pell grant while enrolled in college. Information about Pell grants received is displayed on the account dashboard and on the My Aid page. This is also where borrowers can find out how much they owe and what kind of loans they have.

Borrowers who received a Pell grant before 1994 won’t see their Pell grant information online, but they are still eligible for the $20,000 in student loan forgiveness.

As long as borrowers received at least one Pell grant, they are eligible.

The Biden administration has said that eligible borrowers who have received Pell grants will automatically receive the additional debt relief.

Am I eligible for forgiveness if my loans are in default?

Yes, defaulted federal student loans would be eligible for debt relief under Biden’s program.

For borrowers who have a remaining balance on their defaulted student loans after the cancellation is applied, there will be an opportunity to get out of default once payments resume later this year as part of what the Department of Education is calling its “Fresh Start” initiative.

How will my payments change going forward?

Borrowers who have debt remaining after either $10,000 or $20,000 is wiped away could see their monthly payment amounts recalculated if they are enrolled in a standard repayment plan. Under a standard repayment plan, borrowers pay a fixed amount that ensures loans are paid off within 10 years.

Borrowers who are already enrolled in an income-driven repayment plan are not likely to see their monthly payment amounts change due to the forgiveness, because their payments are based on household income and family size.

Borrowers have not been required to make payments on their federal student loans since March 2020 because of the government’s pandemic-related pause.

What about Biden’s new income-driven repayment plan?

Along with Biden’s August announcement about canceling some federal student loan debt, he also said he would create a new plan that would make repayment more manageable for borrowers.

There are currently several repayment plans available for federal student loan borrowers that lower monthly payments by capping them at a portion of their income.

The new income-driven repayment plan proposal will cap payments at 5% of a borrower’s discretionary income, down from 10% that is offered in most current plans, as well as reduce the amount of income that is considered discretionary. It would also forgive remaining balances after 10 years of repayment, instead of 20 years.

Biden is also proposing that the new plan cover the borrower’s unpaid monthly interest. This could be very helpful for people whose monthly payments are so low that they don’t cover their monthly interest charge and end up seeing their balances explode, growing larger than what was originally borrowed.

The new plan is currently going through a formal rulemaking process, and the Department of Education has said it expects provisions of the new plan to take effect later this year.

Can I get a refund for what I paid during the pandemic pause?

Yes. Borrowers have not been required to make payments on their federal student loans since March 13, 2020, because of the pandemic-related pause. But if borrowers did make payments, they are allowed to contact their loan servicer to request a refund.

This story has been updated with additional information.

Recap: Supreme Court Conservatives skeptical of Biden loan ...

WASHINGTON – The Supreme Court's conservative wing signaled deep skepticism Tuesday over President Joe Biden's plan to wipe away $400 billion in student loan debt, suggesting the administration may have overstepped its authority by creating a program estimated to benefit more than 40 million borrowers.

Over the course of several hours, a majority of the justices repeatedly turned to questions about the law Biden relied on to create the program – and whether the law gave him that power. The court will not issue its decision in the two cases until later this year and the position justices signal at arguments don't always predict the outcome of the case.

Six conservative states and two borrowers sued over the program and there has been considerable debate, heading into the arguments, over whether they were the right parties to sue. But that issue largely took a backseat to broader questions about Biden's authority.

"We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse,” Cheif Justice John Roberts said. “This is a case that presents extraordinarily serious, important issues about the role of Congress and about the role that we should exercise in scrutinizing that significance."

Recap:Supreme Court's conservative justices signal skepticism of Biden's loan forgiveness plan

Here's a look at what's happening at the Supreme Court.

Biden administration appeals to ‘high stakes’ as SCOTUS oral arguments conclude

The Supreme Court concluded oral arguments in the student loan debt forgiveness cases after three and half hours with Biden’s lawyer citing “the high stakes" in her closing remarks.

Pivoting from the legal arguments, U.S. Solicitor General Elizabeth Prelogar made an emotional appeal about the “tens of millions of student loan borrowers in this country” who were devastated financially by the COVID-19 pandemic. She said they will be hurt even more financially after Biden’s freeze on student loan repayments ends.

Ninety percent of the borrowers covered by Biden’s plan make $75,000 or less, she said. Twenty-six million Americans have applied for debt forgiveness and 16 million have been approved.

“For those Americans, this is a critical lifeline to ensure that they are not subject to the severe negative consequences of delinquency and default on student loan debt,” Prelogar said. “And the relief for these Americans has been held up by two student loan borrowers who don't even have standing and whose claims fail on the merits.”

– Joey Garrison

What is the Federal Family Education Loan Program? And what does it have to do with the mass forgiveness plan?

Myra Brown, one of the plaintiffs in the suit backed by the Job Creators Network Foundation, holds debt issued through the Federal Family Education Loan program.

This is a specific type of student loan backed by the federal government but held by private entities. The program has since been discontinued as the government now directly issues student loans. But many people still carry debt in the form of a FFEL loan.

Borrowers in the FFEL program were cut out of the administration’s mass debt forgiveness plan. When the plan was first announced, they had been able to consolidate their debts into a loan owned directly by the federal government. That transfer would then allow borrowers to access the debt relief program.

But by Sept. 29, 2022, the administration barred FFEL borrowers from relief even through consolidation. That move followed one of the many lawsuits filed to challenge Biden's mass debt forgiveness plan.

MOHELA, the quasi-state agency based in Missouri, oversees these FFEL loans in addition to direct loans. The justices have debated what role the loan servicer should play in the litigation.

– Chris Quintana and Nirvi Shah

Elena Kagan, Ketanji Brown Jackson lean toward Biden plan on fairness concerns

Two of the high court's liberal justices, appearing to side with the Biden administration, pushed back at criticism from some of the conservative justices that the Biden student loan debt forgiveness program is unfair.

"Congress passed a statute that dealt with loan repayment for colleges, and it didn't pass a statute that dealt with loan repayment for lawn businesses,” Associate Justice Elena Kagan said. “And so, Congress made a choice and that may have been the right choice or it may have been the wrong choice, but that's Congress's choice."

Associate Justice Ketanji Brown Jackson also questioned the fairness argument.

“I just don't know how far we can go with this notion of, to the extent that the government is providing much-needed assistance to people in an emergency, it's going to be unfair to those who don't get the same benefit.”

– Joey Garrison

How much would the student loan forgiveness plan cost?

Estimates for the overall cost of the program vary, but the Congressional Budget Office estimated the plan would cost about $400 billion. The agency, however, said its estimate was “highly uncertain.” The Committee for a Responsible Federal, a nonprofit, put the cost of the forgiveness plan at about $360 billion.

– Chris Quintana

More:Biden's student loan forgiveness will cost US about $400 billion, CBO estimates

John Roberts, Samuel Alito raise concerns about 'fairness' with Biden's plan

Chief Justice John Roberts raised what he called “the fairness argument,” echoing a common criticism from opponents of President Biden’s student loan program who argue it punishes Americans who couldn’t afford college or worked hard to pay off their loans.

Roberts introduced a hypothetical situation of two high school graduates, neither of whom could afford college. One took out a loan to attend. The other started a lawn care business with help from a bank loan instead of going to college.

“At the end of four years, we know statistically, that the person with the college degree is going to do significantly financially better over the course of life than the person without,” Roberts said. “And then along comes the government and tells that person, you don't have to pay your loan.”

Roberts said the person who started a lawn care service still had to pay off their business loans “even though his tax dollars are going to support the forgiveness of the loan for the college graduate who is going to make a lot more than him over the course of his lifetime.”

Associate Justice Samuel Alito echoed those concerns. “I think it's a fair question to say, what is your client’s view about the fairness question that some people have posed, and that was really reiterated for you by the chief justice?

U.S. Solicitor Genreal Elizabeth Prelogar responded by saying that Congress, by passing the HEROES Act, has made the judgment that the education secretary can provide student loan relief during emergencies like the COVID-19 pandemic.

“You can make this critique of every prior exercise of HEROES Act authority,” she said.

– Joey Garrison

John Roberts: 'More than half the people' don't need help on student loans

Chief Justice John Roberts pressed the Biden administration on its own findings that more than half of borrowers predicted they would be able to repay their loans – and suggested, given that, Congress should be the entity that decided how to structure the program.

"If more than half the people say they don't need this relief, extending relief to that breadth certainly raises questions," Roberts argued.

Elizabeth Prelogar, the Biden administration's attorney, countered that in some higher income brackets that might be the case but not so much for Americans making less money.

– John Fritze and Joey Garrison

Crowd outside Supreme Court thins, though feelings on loan forgiveness remain strong

A crowd of largely Black and Latino students, borrowers, advocates and politicians started to dissipate after an hours-long rally for loan forgiveness in front of the Supreme Court. Against a backdrop of Bob Marley music, activists had begun packing away their signs reading "Drop the Debt," "Student Debt Cancellation Is Legal," "Dreams Not Debt" and "C.L.E.A.R. My Student Loans."

C.L.E.A.R. stands for Cancel Loans for Education and Repartioand is a campaign by the New Georgia Project, the state's largest civic engagement group. Students and borrowers with the group arrived at the rally, which featured a slate of high-profile speakers, late, their overnight bus from Georgia having run into some hiccups along the way.

Maggie Bell, the group's lead organizer, said she wasn't fazed by the travel snafu nor the lukewarm prospects of a supportive ruling from the court. "We're going to see cancellation through now," she said, noting the group rallied for forgiveness outside the White House and U.S. Education Department last year. "We didn't start this not to see it finish."

Bell, 24, attended Albany State University, a Georgia HBCU, with a Pell Grant and has roughly $40,000 in debt. Of that, $30,000 is in the form of federal loans, so Biden's proposal to erase $20,000 of her debt would be life-changing.

Such relief would be particularly vital for Black and Brown borrowers, Bell said. Black borrowers, for example, generally take on more student debt than their white counterparts.

"We get sold on this idea of the American Dream, where you get your degree and then it's open access to your dream career, dream car, house, starting a family," she said. Loan forgiveness, she continued, could serve as a form of reparations for these communities.

– Alia Wong

More:Student debt relief blocked, potentially hurting Black and Latino families the most

Prelogar: If Biden could postpone student loan debt payments, he can cancel debt

U.S. Solicitor General Elizabeth Prelogar pushed back against the plaintiffs’ claims that Biden abused his power granted in the Heroes Act, likening the cancelation of student loan debt to postponing loan repayments, which was allowed under the same law.

“This is how secretaries across administrations have implemented the Heroes Act,” Prelogar said.

She argued that to suggest Biden’s forgiveness of student loan debt “creates a brand-new program,” as argued by Nebraska and other states that sued the Biden administration, would “leave very little room for the Heroes Act to operate at all.”

Prelogar added: “The fact that there are already statutory provisions for things like deferment and forbearance and discharge demonstrates that Congress could foresee that all of those are ways that you grant financial relief to student loan borrowers.”

– Joey Garrison

Many borrowers will still owe even if Biden plan allowed to go forward

Nebraska Solicitor General James Campbell stated that 20 million borrowers would be left without student loan balances if the debt forgiveness were approved. That matches figures the Biden administration has shared previously.

However, many borrowers would still have at least $20,000 in student loan debt if Biden’s plan were allowed to stand – even if they received the full $20,000 of relief. According to data from the Education Department, roughly 11.7 million borrowers owe more than $40,000.

– Chris Quintana

Amy Coney Barrett, liberal justices piling on over standing

Associate Justice Amy Coney Barrett is one of the first conservatives in this section of the argument to wade into whether the states have standing to sue.

The states argue, in part, that a state-created entity known as MOHELA that services student loans would lose revenue under the plan. But MOHELA, a quasi-state agency in Missouri, didn’t actually bring the lawsuit. Missouri did.

A key question for the court is whether Missouri can sue on behalf of MOHELA.

Barrett, a Trump nominee who has twice before dismissed emergency cases the challenging loan plan, pressed the states on the point.

“Do you want to address why MOHELA’s not here?” Barrett asked. “If MOHELA is an arm of the state, why didn't you just strong arm MOHELA” and tell them to pursue the case?

Campbell, who is representing the states, said that is “a question of state politics.”

Barrett’s comments came after the court’s liberal wing also pressed hard on whether the six conservative states that have sued over Biden’s student loan forgiveness program have standing to sue. If the court decides the states were not actually harmed by the plan, then Biden could win the case on a procedural point.

– John Fritze

Next up in SCOTUS oral arguments: Nebraska’s James Campbell

More than an hour into the Supreme Court’s oral arguments over Biden’s student loan forgiveness plan, the states who are suing over the $400 billion proposal now get their say.

The states are being represented by Nebraska Solicitor General James Campbell.

Campbell is likely to face a series of difficult questions from the court’s liberal wing – and perhaps some of its conservatives as well – over whether the plaintiffs in the cases were actually harmed by Biden’s plan. If the answer to the question is "no" for all the plaintiffs, Biden would eke out a narrow win.

A key signal to watch in this portion of the argument: How much the court’s conservatives jump into the fray over standing.

“The secretary is attempting to bypass Congress on one of today’s most debated policy questions,” Campbell told the court.

– John Fritze

What is the major questions doctrine?

Conservative legal thinkers have been pushing for years to curb the "administrative state," arguing that federal agencies should have less power to act unless there's clear congressional approval. The Supreme Court has been bolstering that effort by relying on something called the "major questions doctrine" to decide high-profile cases.

Under that doctrine, courts can invalidate regulations that have a major effect on the economy, are a matter of great "political significance" and are not explicitly authorized in the law – though no one is entirely sure how to define those terms. The Biden administration says the doctrine doesn't even apply in the student loan case because the law, they say, is clear on its own. The plaintiffs disagree.

The same doctrine was used in 2021 to prevent Biden from extending an eviction moratorium tied to the COVID-19 pandemic. The Supreme Court struck down the moratorium, ruling Congress couldn't have contemplated the law leading to a halt of evictions.

– John Fritze

More:Biden's ability to bypass Congress, starting with student debt relief, faces 'major' legal hurdle

Brett Kavanaugh: Student loan forgiveness program ‘seems problematic’ under precedent

Associate Justice Brett Kavanaugh, speaking for the first time during the Supreme Court oral arguments, pressed the Biden administration on why the student loan program shouldn’t suffer the same fate as other executive actions the court has struck down.

Congress, Kavanaugh said, “could have…referred to loan cancellation” in the law, but it didn’t. Instead, Kavanaugh said, the administration relied on “general language” in an “old statute” to create a “massive new program.”

“That seems problematic,” under Supreme Court precedent, Kavanaugh said. “Why does this case not fit into that formula that we’ve seen before?”

Long considered at the center of the court – and occasionally a gettable vote for the court’s liberal wing – Kavanaugh is always an important justice to watch in the arguments. He can also be sometimes hard to read, asking tough questions of both sides.

– John Fritze

What is the HEROES Act?

Many of the justices are probing the power associated with the HEROES Act of 2003. The statute was enacted after 9/11. That law, the administration argues, gives the education secretary the ability to “waive” or “modify” student loans during a national emergency. That, in turn, would give the administration the ability to discharge debt en masse due to the pandemic.

The states argue the law does not give the secretary the ability to erase debt.

The HEROES Act has also been used as the justification for the ongoing pause on federal student loan payments. Those obligations were first paused in March 2020 under former President Donald Trump's administration at the onset of the pandemic. Both administrations extended the moratorium – which included setting interest rates on federal student loans at zero percent – multiple times. That pause could last through August depending on when the court issues its opinion deciding the two cases challenging the debt forgiveness plan.

– Chris Quintana

John Roberts drills Biden administration over separation of powers

In a troubling sign for the prospects of Biden’s student loan program, Chief Justice John Roberts smacked down the central premise of the administration's legal argument: that the president had the authority to act unilaterally to wipe out student loan debt without Congress.

"We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse,” Roberts said.

Roberts said the student loan case reminded him of a case in 2020 in which the Supreme Court, in a 5-4 decision, blocked unilateral action by former President Donald Trump to dismantle the Obama-era DREAMers program for undocumented immigrants.

“This is a case that presents extraordinarily serious, important issues about the role of Congress and about the role that we should exercise in scrutinizing that significance,” he said.

– Joey Garrison

How much federal student loan debt is there?

According to the Education Department's most recent figures from the fourth quarter of 2022, there are 43.5 million federal student loan borrowers who hold about $1.63 trillion in debt. That figure has steadily grown in recent years, and is more than double the $516 billion owed by 28.3 million borrowers in 2007.

The Biden administration has estimated that roughly 40 million borrowers are eligible for itsmass forgiveness program.

– Chris Quintana

Freshman year, and already deep in debt

Antwan McPherson and Justice Stanton, both 19, came to Washington from North Carolina for the day to rally for student debt forgiveness – even though it won't apply to them.

The two students at North Carolina A&T are still freshmen and have already accumulated thousands in debt. "I've come to understand early how much debt I'll have if I continue on," said McPherson, who's from Chicago and chose to attend the North Carolina school because it was a relatively inexpensive Historically Black College and University (HBCU).

Even if he gets a minimum wage job after college, he said, he wouldn't be able to pay off what he owes. "Say you make a certain amount in a year, you really don't make that amount because you're paying it back," he said. "So you work hard just to pay it back."

McPherson said he's "not too optimistic" about the prospects of Biden's debt cancellation plan given the conservative leanings of the high court.

Stanton, however, is more hopeful "that our efforts aren't going to waste."

"I don't think it's fair that as students, most of us being so young, that we have such a burden of paying all these debts and we barely have our lives figured out," Stanton said.

Debt "could limit me in terms of whether I want a house in the future, my career, if I wanted to open a business," Stanton continued. "It all would be way harder if I have to pay back money just for an education that should be free."

– Alia Wong

What is MOHELA?

The Justices have gone back and forth over the role of the Higher Education Loan Authority of the State of Missouri, or, as it’s better known, MOHELA. It's a quasi-state agency in Missouri that services federal loans nationally.

The Justices asked if MOHELA suffering financial losses as a result of the debt forgiveness program would be enough for Missouri to bring a case against the federal government. MOHELA has previously stated it did not have a role in Missouri’s litigation.

MOHELA is also the servicer that manages the federal government’s Public Service Loan Forgiveness Program, an initiative meant to erase the debt of those working in the public sector.

– Chris Quintana

Elizabeth Prelogar: Who is the Biden administration's attorney?

The Biden administration is being represented by U.S. Solicitor General Elizabeth Prelogar, who has been serving in the position since 2021.

Sometimes referred to as the "10th justice," the solicitor general leads a team of lawyers who argue before the Supreme Court on behalf of the federal government and decide whether to appeal lower court rulings when the government is a party to a lawsuit.

Prelogar, a former Fulbright fellow and Harvard Law School graduate, clerked for Attorney General Merrick Garland, then a judge on the U.S. Court of Appeals for the District of Columbia Circuit. She also clerked for two Supreme Court associate justices, Ruth Bader Ginsburg and Elena Kagan.

– John Fritze

More:Senate confirms Elizabeth Prelogar as government's top Supreme Court lawyer

Early questions from conservatives signal opposition to Biden

Three members of the Supreme Court’s conservative wing – Chief Justice John Roberts, and Associate Justices Clarence Thomas and Samuel Alito – have focused heavily on whether the Biden administration had the authority to execute its student loan forgiveness plan.

It’s very early in the arguments – a lot can shift over the course of the next several hours – but it’s not a great sign for Biden that there’s so much focus on the merits of the case rather than a debate about whether the correct plaintiffs filed suit in the case.

Alito zeroed in on an argument Biden has been making: That the court’s difficult-to-meet standard for when a president can act alone shouldn’t apply. The administration had asserted that the standard had previously been used to assess regulations, not benefit programs.

“Drawing a distinction between benefits programs and other programs seems to presume that when it comes to the administration of benefits programs, a trillion dollars here, trillion dollars there, doesn't really make that much difference to Congress," Alito said.

– John Fritze

Justices question 'half a trillion' cost of Biden’s actions

Justices pressed the Biden administration's lawyer on the projected $400 billion cost of Biden’s action to forgive student loan debt, suggesting such a move goes beyond the 2003 Heroes Act that allows the president to “waive or modify” loan provisions.

“Congress shouldn't have been surprised when half a trillion dollars is wiped off the books?” Chief Justice John Roberts said.

Associate Justice Sonia Sotomayor, one of the three liberal justices, echoed Roberts’ questioning: “How do you deal with? That seems to favor the argument that this a major challenge,” Sotomayor said.

U.S. Solicitor General Elizabeth Prelogar said canceling student loan debt is not based on regulatory authority but “the administration of a benefits program.”

“It’s perfectly logical for Congress to broadly empower the executive to provide benefits, especially in a crisis situation or an emergency like we've seen with COVID-19,” she said.

– Joey Garrison

Clarence Thomas, John Roberts use first questions to question Biden’s power

Associate Justice Clarence Thomas started off the arguments Tuesday questioning under what authority the administration seeks to cancel student loans. The law Biden relied on gives the administration power to “waive or modify” loan provisions.

Is what Biden did a “waiver or a modification,” Thomas pressed. There’s no explicit provision in the law that allows the loans to be “cancelled,” Thomas pointed out.

Chief Justice John Roberts picked up that same argument.

“We’re talking about half a trillion dollars and 43 million Americans,” Roberts said. “How does that fit under the normal definition of modify?”

– John Fritze

Supreme Court arguments underway in Biden student loan forgiveness plan

The Supreme Court’s arguments over President Joe Biden's student loan program got underway a little after 10:10 a.m. ES.T Representing the Biden administration, and starting off the arguments, is Solicitor General Elizabeth Prelogar.

Prelogar told the court that without the plan, “defaults and delinquencies will surge.” Congress “expressly authorized” the loan forgiveness during emergencies, she said.

– John Fritze

Ketani Brown Jackson hands down first merits opinion

Associate Justice Ketanji Brown Jackson handed down her first merits opinion Tuesday in a battle between states over who gets the proceeds of abandoned money orders.

Jackson wrote for a unanimous court that as a general matter the proceeds should go to the state where the product was purchased. By tradition, the court tries to assign the least senior justice an opinion that is unanimous.

– John Fritze

Affirmative action:What Justice Jackson's recusal from Harvard case means for Black students

Hundreds gather outside Supreme Court for student loan forgiveness debate

Hundreds of protesters gathered outside the Supreme Court on Tuesday ahead of the arguments about Biden's student loan forgiveness program – most of whom appeared to support the plan.

Some carried signs that read "Cancel Student Debt." Others proclaimed that "Student debt cancellation is illegal." They chanted phrases throughout, such as "D-E-B-T, student debt is crushing me!" and "Education is a right!"

The turnout appeared to be the largest since the high court held arguments last year in the blockbuster affirmative action cases.

Eliana Reed, 26, said efforts to preserve Biden's debt relief program are a "no brainer." That millions of Americans are subject to insurmountable debt they're unable to pay off with their jobs "feels so obviously wrong," said Reed, who has about $17,000 in student debt left.

The issue "taps into so many different groups of people."

– John Fritze and Alia Wong

Supreme Court denied student loan challenges before

Before the Supreme Court scheduled arguments in Tuesday’s student loan cases, it had twice before balked at lawsuits challenging the program.

Associate Justice Amy Coney Barrett in November denied a challenge to the loan forgiveness program from a conservative legal group on behalf of two people entitled to "automatic" cancellation of their debt. The plaintiffs claimed that the automatic cancellation would create "excess tax liability under state law."

A month earlier, the court batted away a lawsuit from a Wisconsin taxpayer group.

The reason there are so many lawsuits is that groups opposed to the program have been attempting to find a plaintiff who has standing – in other words, who can demonstrate they are injured by the effort in a way that allows them to challenge it in federal court.

Whether the current plaintiffs have standing will be a central part of the argument Tuesday as well.

– John Fritze

More:Biden will be playing defense on student loans at the Supreme Court. Here's why.

Biden: 'I have your back' on student loans

Biden addressed the student loan litigation briefly during remarks Monday night.

“My administration is making our case to the Supreme Court, and I’m confident the legal authority to carry out that plan is there,” the president said at a White House ceremony celebrating Black History Month. “I promise you. I have your back.”

– Joey Garrison

Plaintiffs: 'There is a student loan crisis'

The plaintiffs challenging Biden's student loan forgiveness plan acknowledge that the current student loan system isn't working. They just don't think Biden's plan will fix it.

"There is a student loan crisis in this country," Karen Harned, chief legal officer for the Job Creators Network Foundation, said on a call with reporters Monday. "But this crisis cannot and will not be solved by the president creating a $400 billion program behind closed doors without any input from Congress or the American people."

Questions:Is Biden's student debt forgiveness plan dead?

Rough ride ahead:Biden will be playing defense on student loans at Supreme Court

The group is representing two borrowers: One who didn't qualify for forgiveness because her loans are held by a private, commercial entity and another who didn't qualify for the maximum possible relief because he wasn't a Pell Grant recipient.

Biden's proposal would wipe away $20,000 worth of debt for borrowers who also used a Pell Grant to pay tuition. Pell Grants are awarded to students from low-income families. He also wants to erase $10,000 in debt for most other borrowers.

– John Fritze

Plan B on student loan forgiveness? White House won't say.

With many experts predicting President Joe Biden is in for a rough argument Tuesday over his $400 billion student loan forgiveness plan, a natural question has come up repeatedly in recent days: Is there a Plan B if the administration's effort is ultimately struck down?

Give points to White House press secretary Karine Jean-Pierre for answering the question consistently: "We are very much confident in our legal authority here," Jean-Pierre told reporters Monday – echoing the answer she gave to the same question Friday. "That's why our Justice Department has taken it all the way to the Supreme Court."

Translation: If there is a backup plan, the administration isn't ready to talk about it. That's not a surprise, though. A major element of the litigation is whether the administration used the right law to set up the loan forgiveness program. Acknowledging the administration is combing through federal statutes looking for some other way to authorize the program would give ammunition to the plaintiffs on the eve of the arguments.

– John Fritze and Joey Garrison

Justice Thomas wrote of 'crushing weight' of student loans

The Supreme Court won't have far to look if it wants a personal take on the "crushing weight" of student debt that underlies the Biden administration’s college loan forgiveness plan. Associate Justice Clarence Thomas was in his mid-40s and in his third year on the nation's highest court when he paid off the last of his debt from his time at Yale Law School.

Thomas, the court's longest-serving justice and staunchest conservative, has been skeptical of other Biden administration initiatives. And when the Supreme Court hears arguments Tuesday involving President Joe Biden’s debt relief plan that would wipe away up to $20,000 in outstanding student loans, Thomas is not likely to be a vote in the administration’s favor.

What to know:Everything to know about student loan forgiveness plan

Plan B:Millions of borrowers have had billions in student loan debt erased, and there's more to come.

But the justices' own experiences can be relevant to how they approach a case, and alone among them, Thomas has written about the role student loans played in his financial struggles.

A fellow law school student even suggested Thomas declare bankruptcy after graduating “to get out from under the crushing weight of all my student loans,” the justice wrote in his best-selling 2007 memoir, “My Grandfather’s Son.” He rejected the idea.

– Associated Press

What's in Biden's student loan forgiveness plan?

Biden proposed wiping away $20,000 worth of debt for borrowers who also used a Pell Grant to pay tuition. Pell Grants are awarded to students from low-income families. The president also wants to erase $10,000 in debt for most other borrowers.

Only borrowers with an income less than $125,000, or $250,000 for married couples, would be able to have any debt forgiven.

About 26 million people applied for relief before lawsuits stopped the entire program in its tracks. And of those, 16 million were approved to have a portion, or depending on their balance, all their debt erased. For now, applications are closed.

– Nirvi Shah and Chris Quintana

Blueprint:Find more about options from savings plans to student loans

Kavanaugh, Barrett key on student loan forgiveness, experts say

WASHINGTON – The Supreme Court's conservative majority sent a clear signal this week that President Joe Biden's student loan forgiveness plan is in peril. But even as they agree with the prediction, some observers are putting an asterisk on it.

Two asterisks, to be precise: One next to Associate Justice Amy Coney Barrett and the other alongside Associate Justice Brett Kavanaugh.

During three-and-a-half hours of oral argument Tuesday in the two student loan cases, both former President Donald Trump appointees lobbed tough questions at Biden's attorney. But they also posed unexpected questions more favorable to the administration – and that makes both jurists worth watching when the court hands down its decision later this year.

When is the Supreme Court decision date on student loan forgiveness?

The Supreme Court is weighing two challenges to Biden's $400 billion student loan forgiveness plan, which would wipe away up to $20,000 in debt for some.

Following the oral arguments, the justices will cast tentative votes in private and the most senior justice in the majority and minority will assign opinions for their side. Drafts of those opinions circulate among the justices, a process that usually takes more than three months. In this case, a decision is expected before July.

Barrett posed a number of questions suggesting she could side with the court's three-member liberal wing on standing, that is whether the plaintiffs were actually injured by the plan. Kavanaugh, at one point, questioned why one word in the law – "waive" – didn't give the administration the power to forgive student loans.

Why Amy Coney Barrett's questions about standing could matter

Six conservative states that challenged the Biden plan argued, in part, that a state-created entity known as MOHELA that services student loans would lose revenue if the debt was forgiven. MOHELA, a quasi-state agency in Missouri, directs some of its money back to the state. Missouri sued, in part, based on the potential loss of revenue.

There's just one problem with the states' argument: MOHELA itself didn't sue.

"If MOHELA is really an arm of the state...all of this would be a lot easier," Barrett said. "If MOHELA is an arm of the state, why didn't you just strong arm MOHELA and say 'you've got to pursue this suit'?"

Takeaways:Key moments from the Supreme Court's arguments on student loans

Recap:Supreme Court's conservative justices signal skepticism of Biden's loan plan

Explainer:How many justices are on the Supreme Court?

The question is key because if the court rules the states and borrowers were not harmed by the policy, it would hand Biden a narrow win. Barrett sided with Biden in two earlier emergency cases challenging the student loan plan – presumably on similar questions about standing.

"Barrett, along with the three liberal justices, seemed deeply skeptical that any of the parties have standing," said Adam Minsky, an attorney, author and expert on student debt. "I do think there is a possibility the Biden administration could prevail if there are five justices who agree...that the challengers don't have standing."

Declined:Barrett denies second challenge to Biden student loan forgiveness program

But given the court's 6-3 conservative composition, even if Barrett decided to join with the court's liberals on standing, they would need one more vote for a majority. Based on the arguments Tuesday, it's not clear where that fifth vote would come from.

"I would not be surprised if she voted to find that no one has standing in either case," said Thomas Berry, editor-in-chief of the Cato Supreme Court Review. "The key question is whether there is a potential fifth vote to find that no party has standing."

Why court observers are talking about Brett Kavanaugh's question

Kavanaugh, at one point, asserted that "some of the finest moments in the court's history were pushing back against presidential assertions of emergency power." Some of its "biggest mistakes," he then added, were when it didn't.

But Kavanaugh also returned to the language of the law, which allows the Department of Education to "waive or modify" loan provisions after an emergency, like the COVID-19 pandemic. Why, Kavanaugh asked the states' lawyer, didn't "waive" authorize Biden’s plan?

"That is an extremely broad word. In 2003, Congress was very aware of potential emergency actions in the wake of Sept. 11 and war, possible terrorist attacks, and yet it put that extremely broad word, 'waive,' into the statute," he said.

Explainer:Everything to know about Biden's student loan forgiveness plan

Borrowers:‘We just keep getting hit’: Borrowers rally for student loan debt relief

But just like Barrett on standing to sue, even if Kavanaugh sided with the court's liberals on the issue of Biden's authority to implement the plan – a big "if," given some of his other questions – one more vote would still be needed for a majority.

"As Kavanaugh noted more than once, Congress used an 'extremely broad word' when it gave the education secretary the authority to 'waive' provisions related to student debt," said Smita Ghosh, appellate counsel Constitutional Accountability Center. "He asked...why the court should 'not just read that as written.' That is exactly what the government is asking the court to do."

Supreme Court says Trump-era border restriction will remain in ...

CNN —

The Supreme Court said Tuesday that the controversial Trump-era border restriction known as Title 42 will remain in effect while legal challenges play out, a move that ensures that federal officials will be able to continue to swiftly expel migrants at US borders at least for the next several months.

The 5-4 order is a victory for Republican-led states that urged the Supreme Court to step in and block a lower court opinion that ordered the termination of the authority. The Biden administration has said it was prepared for the authority to end and had put in place precautions to guard against confusion at the border and any potential surge of migrants.

In its order, the court also agreed to take up the states’ appeal this term. The court said it would hear arguments on the case during its argument session that begins in February 2023.

Justices Sonia Sotomayor and Elena Kagan said they’d deny the application, but they did not explain their thinking. Conservative Justice Neil Gorsuch also dissented and explained his thinking in an order joined by liberal Justice Ketanji Brown Jackson.

Gorsuch said he does “not discount the States’ concerns” about border security. But Gorsuch noted that Title 42 was put in place to combat Covid-19, and “the current border crisis is not a Covid crisis.”

“Courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency,” Gorsuch wrote.

Since March 2020, Title 42 has allowed US border agents to immediately turn away migrants who have crossed the southern border in the name of Covid-19 prevention.

Immigrant advocates and public health experts have long denounced use of the public health authority along the US southern border, arguing it was an inappropriate pretext for barring migrants from entering the United States. In nearly three years, the authority has been used over 2 million times to turn migrants away, according to US Customs and Border Protection.

At the border, migrants have been waiting in encampments in Mexico for months, anticipating the end of the authority so they can make their claim of asylum in the US. Immigrant advocates have tried to disseminate updates and information to migrants, but desperation has grown, especially as temperatures drop.

El Paso, Texas, has been at the center of the crisis as thousands of migrants have crossed that region of the border. The city opened government-run shelters at its convention center, hotels and several unused schools to care for migrants, though some have still had to sleep on the streets in cold temperatures.

The Department of Homeland Security has been putting in place a plan for the end of the authority that includes surging resources to the border, targeting smugglers and working with international partners.

“We will continue to manage the border, but we do so within the constraints of a decades-old immigration system that everyone agrees is broken. We need Congress to pass the comprehensive immigration reform legislation President Biden proposed the day he took office,” the department said in a statement.

The White House said it would comply with the order.

“Today’s order gives Republicans in Congress plenty of time to move past political finger-pointing and join their Democratic colleagues in solving the challenge at our border by passing the comprehensive reform measures and delivering the additional funds for border security that President Biden has requested,” White House press secretary Karine Jean-Pierre said in a statement.

Asked to respond to the ruling, President Joe Biden told reporters his administration will enforce the Trump-era immigration restriction, even if he thinks it’s past time to revoke it.

“The court is not going to decide until June apparently, and in the meantime we have to enforce it – but I think it’s overdue,” Biden told reporters on the White House South Lawn.

Solicitor General Elizabeth Prelogar acknowledged to the Supreme Court last week that returning to traditional protocols along the border will pose a challenge, but said there’s no longer a basis to keep the Covid-era rules in place.

“The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification,” Prelogar wrote in a filing with the Supreme Court.

Lawyers for the American Civil Liberties Union, who are representing families subject to Title 42, had in arguments underscored the dangers faced by asylum seekers subject to the authority and sent back to Mexico.

Lee Gelernt, the lead counsel for the plaintiffs in the case, told CNN in a statement that they are “deeply disappointed” by the ruling, but will continue to fight to end the policy.

“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy,” Gelernt said.

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, called the order “procedurally bizarre.”

“This order is procedurally bizarre, in that it agrees to a request to freeze a district court ruling by states that weren’t even parties to that decision solely to decide whether they should have been allowed to intervene and defend that ruling on appeal,” Vladeck said. “Title 42 aside, that has enormous potential consequences for the ability of states going forward to fight to keep the current president from rescinding policies of her predecessors.”

The GOP-led states had argued that they’d be harmed by the lifting of the authority because of the influx of migrants entering the United States.

“The border crisis that Respondents bizarrely and eagerly seek to cause would also inflict enormous harms to the States,” a filing, submitted last Wednesday, reads.

This story has been updated with additional reporting.

Ariane De Vogue Priscilla Alvarez
Ariane De Vogue
Priscilla Alvarez

Supreme Court hears challenge about 'remain in Mexico' policy as ...

The high court will consider whether Biden properly ended Trump's "Remain in Mexico" policy.

Though it's a different program, the case could have implications for Title 42.

The Supreme Court case has once again thrust immigration to the fore ahead of the midterm elections.

WASHINGTON – The Supreme Court will hear oral arguments Tuesday over President Joe Biden’s effort to suspend a Trump-era policy requiring asylum seekers to wait in Mexico while their cases are considered, elevating immigration at the nation's highest court as it becomes a central issue in the fall midterm elections.

The appeal brings President Donald Trump's "remain in Mexico" policy back before the justices only months after a majority said the Biden administration did not properly shut down the controversial program and ordered immigration officials to reinstate it.

Immigration has resurfaced as a key election controversy as the Biden administration comes under fire from Republicans and some Democrats for attempting to end a related policy known as Title 42, in which migrants are rapidly expelled from the USA without legal review. Though the two programs are based on different laws, experts say the Supreme Court’s ruling in Biden v. Texas may have implications for Title 42.

State of the Union 2023 address recap: Biden lays out ambitious ...

WASHINGTON, D.C — President Joe Biden took credit Tuesday for what he said was the country's economic revival while pushing an agenda of reducing prescription drug costs, protecting abortion rights and banning assault weapons.

The economy was reeling two years ago, Biden said in his second State of the Union address delivered in a packed House chamber. In a preview of an expected reelection campaign announcement, he noted that the unemployment rate was at 50-year low while inflation has been easing.

“We’ve been sent here to finish the job,” Biden said, invoking a phrase he used several times in his speech.

But the rancorous atmosphere in the House chamber telegraphed fights ahead, including over budget priorities and avoiding a catastrophic default on the nation’s debt. At several points in Biden’s speech, was interrupted by Republicans, who criticized his handling of border policy and pushed back when he accused them of trying to cut popular entitlements.

SOTU analysis:Pivot point: Joe Biden faced a different chapter of his presidency in his State of the Union

Heckles, spats and deflection:The biggest moments you missed from Biden's State of the Union

State of the Union takeaways:Blue-collar Joe, GOP boos and a 2024 preview

The latest on Biden's speech:

Blue-collar pitch: Promoting his economic plan, Biden assured Americans that he wants to invest in “places and people that have been forgotten,” arguing that “too many people have been left behind or treated like they’re invisible.”

Promoting his economic plan, Biden assured Americans that he wants to invest in “places and people that have been forgotten,” arguing that “too many people have been left behind or treated like they’re invisible.” Biden calls Pelosi 'greatest speaker’ ever: Former House Speaker Nancy Pelosi isn’t sitting behind Biden for his address but she got a special call-out from the president anyway.

Former House Speaker Nancy Pelosi isn’t sitting behind Biden for his address but she got a special call-out from the president anyway. Biden touts progress on insulin prices while pushing for more: Biden renewed his call to cap the cost of insulin at $35 a month for every American.

Biden renewed his call to cap the cost of insulin at $35 a month for every American. Biden spars with GOP over Social Security and Medicare: The president prompted protests in the chamber from Republican lawmakers when he repeated his accusation that the GOP was trying to cut entitlements. When the protests continued, Biden said he wasn’t arguing that all Republicans back reviewing entitlement programs every five years. “But it’s being proposed,” he said.

Sanders: Biden has 'failed' American people; calls for 'new generation'

Sarah Huckabee Sanders of Arkansas, at age 40 the youngest governor in the country, didn't hesitate to point out that 80-year-old Joe Biden is the oldest president in history – and added that it is time for a "new generation" of Republican leadership.

"Biden and the Democrats have failed you," Sanders said in the formal GOP response to Biden's State of the Union address. "It's time for a change."

Speaking from the governor's mansion in Little Rock, Ark., Sanders cited domestic issues like inflation, immigration, and crime. Also criticizing the president's foreign policy, Sanders said Biden is "unfit" to be Commander-in-Chief.

Citing the Republican majority in the House, Sanders said: "We will hold the Biden administration accountable."

– David Jackson

The GOP:In Republican response to Biden's State of the Union, a vow to block the president's agenda

Biden calls Paul Pelosi 'tough'

Biden called out the political violence that was unleashed in the wake of Jan. 6, 2021 Capitol attack.

“With democracy, everything is possible. Without it, nothing is,” he said.

Biden introduced Paul Pelosi, the husband of former House Speaker Nancy Pelosi, who was violently attacked in their home by an intruder, saying the assailant was “unhinged by the Big Lie” that the election was stolen.

“Here tonight in this chamber is the man who bears the scars of that brutal attack, but is as tough and strong and as resilient as they get. My friend, Paul Pelosi," he said. “But such a heinous act never should have happened.”

– Swapna Venugopal Ramaswamy

Paul Pelosi attack:Video footage of violent home attack on Paul Pelosi released

Biden gets personal and celebrates Cancer Moonshot initiative

Biden celebrated the Cancer Moonshot initiative, aimed at advancing cancer prevention and treatment,

“Our goal is to cut the cancer death rates at least by 50% in the next 25 years. Turn more cancers from death sentences to treatable diseases. Provide more support for patients and their families.” The issue is also deeply personal to Biden, as one of his sons, Beau Biden, passed away due to brain cancer. “It’s personal to so many of us.”

Biden also singled out Maurice and Kandice Barron, a pair of guests invited by First Lady Jill Biden. Their daughter, Ava Barron, was diagnosed with a form of kidney cancer when she was one year old. “She turns four next month,” Biden said to wide cheers from the audience. “They just found out Ava’s beating the odds and is on her way to being cured from cancer.”

– Ken Tran

Cancer treatment:New cancer therapy takes personalized medicine to a new level

Biden says US stood up to China

Facing Republicans who’ve accused him of being too soft on China, Biden said he responded clearly last week when a Chinese surveillance balloon floated over the United States.

China knows that if U.S. sovereignty is threatened, Americans will act to protect the country.

“And we did,” Biden said, an apparent reference to his decision to shoot down the balloon.

– Maureen Groppe

Chinese spy balloon:Chinese spy balloon went over other US missile and nuclear weapons sites, lawmaker says

Biden: Stop production, trafficking of fentanyl

Citing Americans’ growing dependence on prescription drugs, Biden called for a major campaign to stop the production, sale and trafficking of fentanyl.

Biden noted that fentanyl is killing more than 70,000 Americans a year. But his remarks were met with contempt from some members of Congress.

“It’s your fault!” several Republicans shouted.

– Michael Collins

What is fentanyl poisoning?:These State of the Union guests lost their son to it

Biden says VA working to end 'the silent scourge of suicide'

Biden said when he first appointed Denis McDonough to run the Department of Veterans Affairs, the country was losing up to 25 veterans a day to “the silent scourge of suicide,” and continues to lose 17 per day.

“The VA is doing everything it can, including expanding mental health screenings and a proven program that recruits veterans to help other veterans understand what they’re going through and get the help they need,”

– Erin Mansfield

Military suicide:Amid suicide crisis, the Army says it will rush mental health providers to Alaska

Biden calls for higher teacher pay

Biden hasn't touched much on education issues during the address but did take a moment to outline several priorities on that front. Among them: expanding access to preschool and raising teacher pay.

In 2021, teachers made less than 77 cents on the dollar compared with other college graduates. Yet surveys show teachers work more than 50 hours a week on average. Close to 1 in 5 work elsewhere at another job. It's no surprise that nearly half of U.S. schools are short teachers. Some states and districts have proposed or enacted pay bumps but they've been modest at best.

Federal legislation again before Congress this session would set a teacher salary floor of $60,000. While raising teacher pay has garnered the support of some Republicans, the American Teacher Act is unlikely to get far. In some states teachers make less than $50,000 on average.

– Alia Wong

Teacher shortage:Amid crippling teacher shortages, some schools are turning to unorthodox solutions

Biden urges lawmakers to protect abortion rights

Biden called on lawmakers to “restore” abortion rights after the Supreme Court last year overturned Roe v. Wade, the landmark 1973 decision that established a constitutional right to abortion.

“The vice president and I are doing everything to protect access to reproductive health care and safeguard patient safety,” Biden said, noting that states across the country have implemented abortion bans and restrictions.

“Make no mistake about it. If Congress passes a national ban, I will veto it,” the president vowed.

– Marina Pitofsky

Roe v. Wade overturned:Supreme Court overturns Roe v. Wade, eliminating constitutional right to abortion

Abortion pills:20 Republican attorneys general warn CVS, Walgreens against selling abortion pills by mail

Biden renews call to stand with Ukraine 'as long as it takes'

Calling Russia’s invasion of Ukraine a “test for the ages,” Biden said the U.S. passed that test by standing for sovereignty.

That matters, Biden said, because it “prevents open season for would-be aggressors.”

His argument – and promise to stand with Ukraine “as long as it takes” – comes as some Republicans are calling for greater scrutiny, or even a curtailment, of U.S. involvement.

– Maureen Groppe

Ukraine latest:Ukraine pushes to exclude Russia from 2024 Paris Olympics

Bono at the SOTU:Here's why musician, advocate Bono is at Biden's State of the Union address

America’s border problems won’t be fixed until Congress acts, said Biden.

Since launching a new border plan last month, unlawful migration from Cuba, Haiti, Nicaragua, and Venezuela has come down 97%, Biden said.

“We now have a record number of personnel working to secure the border, arresting 8,000 human smugglers and seizing over 23,000 pounds of fentanyl in just the last several months,” he said.

He urged Congress to pass his plan to provide the equipment and officers to secure the border. He also asked Congress to pave a pathway to citizenship for Dreamers, those on temporary status, farm workers, and essential workers.

– Swapna Venugopal Ramaswamy

Border politics:Republicans said Biden wasn't doing enough on the border. New GOP-led House is demanding answers

Biden highlights ‘courage’ of Brandon Tsay and calls for assault weapon bans

Biden singled out Brandon Tsay’s heroism two weeks ago when he disarmed the Monterey Park shooter who killed 11 people who attended a Chinese Lunar New Year celebration. Tsay, who is in attendance, received a standing ovation from lawmakers as Biden acknowledged him.

“He saved lives. It’s time we do the same as well,” Biden said. “Ban assault weapons once and for all.”

Mass shootings typically lead lawmakers to call for such actions but it’s unlikely that a ban will pass in a divided Congress with many Republican lawmakers who have vowed that they will not waver on gun control.

– Elisabeth Buchwald

'Still too high':Defense Secretary Lloyd Austin orders independent panel to study military suicide

Marjorie Taylor Greene yells at Biden multiple times

Rep. Marjorie Taylor Greene, R-Ga., a fervent opponent of Biden who has called for his impeachment, yelled at him twice during the State of the Union address.

The first time came as Biden said Republicans want to cut Social Security and Medicare – an accusation that Greene refuted when she stood up yelled “Liar!”

Greene later yelled, “China spied on us!” near the end of Biden’s speech.

She also yelled to “close the border” and “it’s your fault” when the president talked about the fentanyl crisis.

– Candy Woodall

Heckling lawmakers:Marjorie Taylor Greene, other Republicans spar with Biden over Social Security, Medicare

State of the Union guests:Lawmakers highlight policing, abortion, wrongful imprisonment

Biden on Tyre Nichols’ death: ‘Something good must come from this’

Biden used his speech to pay tribute to Tyre Nichols, a 29-year-old Black man who died after being beaten by Memphis police officers.

Biden called for more police training and more resources to reduce violent crime, along with more investments in housing, education and training.

Noting that Nichols’ mother and stepfather were seated in the first lady’s box, Biden urged lawmakers to commit themselves to making the words of Nichols’ mother come true: “Something good must come from this.”

– Michael Collins

Tyre Nichols killing:7 more Memphis police employees under investigation in Tyre Nichols' death, city attorney says

Biden invokes Uvalde massacre in call for gun reform

In a call to action on gun violence, Biden invoked his trip to Uvalde, Texas, after the Robb Elementary School shooting where 19 students and two teachers were killed.

“Do something, do something. That was the plea of parents who lost their children in Uvalde, I met with everyone.” Biden said, then pointing to the bipartisan gun reform law he signed. “Thank god we did. Passing the most sweeping gun safety law in three decades.”

– Ken Tran

Uvalde shooting:Her daughter was killed in Uvalde. She's suing police, the school district and a gunmaker.

COVID is under control but vigilance necessary, says Biden

While COVID-19 deaths are down nearly 90%, and the end of the public health emergency is close, Biden said the country will remember the pain of losing loved ones will never go away for many.

“Families grieving. Children orphaned. Empty chairs at the dining room table. We remember them, and we remain vigilant,” he said.

Biden said it was important to remain vigilant and monitor dozens of variants and support new vaccines and treatments. He urged Congress to fund these efforts and keep America safe.

– Swapna Venugopal Ramaswamy

The COVID emergency declaration is ending:What it means for tests, vaccines, treatment

Biden: Police departments 'must be held accountable'

Saying Tyre Nichols’ mother wants something good to come from his death at the hands of police officers in Memphis, Biden called for police reform.

“When police officers or departments violate the public trust, they must be held accountable,” he said.

Biden also pointed to an executive order he signed affecting federal officers that banned chokeholds, restricted no-knock warrants, and implemented “other key elements of the George Floyd Act.”

– Erin Mansfield

Tyre Nichols:Ex-Memphis police officer took a photo of Tyre Nichols after beating, document says

Biden urges Congress to act on labor reform

Biden called for Congress to take up labor reform and worker protections as he touted his support for unions and his pledge to be “the most pro-union president.”

“I’m so sick and tired of companies breaking the law by preventing workers from organizing,” said Biden. “Workers have a right to form a union.”

Biden also urged action on additional worker protections and benefits, including paid family and medical leave and affordable child care, specifically calling for the return of the expanded Child Tax Credit.

– Ken Tran

Labor secretary makes move:Former Boston mayor Marty Walsh stepping down as Biden Labor Secretary for job with NHL union

Biden calls for rebooting the expanded Child Tax Credit

Parents who qualify for the Child Tax Credit (CTC) won’t be getting as hefty checks as last year. That’s because the enhanced CTC, which parents could also opt to receive in installments rather than waiting to receive it in a lump sum payment when they file their taxes, expired.

The enhanced CTC increased payments from $2,000 per qualifying child to $3,600 for children ages 5 and under and $3,000 for children ages 6 through 17. This year it will go back to $2,000 for qualifying children of all ages.

In his remarks, Biden vowed to “restore the full Child Tax Credit which gave tens of millions of parents some breathing room and cut child poverty in half, to the lowest level in history.”

– Elisabeth Buchwald

Child tax credit this year:How much is the Child Tax Credit for 2023? Here's what you need to know about qualifying.

Biden: Ban ‘junk fees’ on hotel bills, other services

Biden urged Congress to pass legislation to ban excess fees that companies often tack onto hotel bills, airline tickets and other services.

“Americans are tired of being played for suckers,” he said.

The Junk Fee Prevention Act, if approved, would bar so-called “resort fees” that can add up to $90 a night on hotel bills, stop cable internet and cell phone companies from charging up to $200 more when a customer switches providers, and prohibit airlines from charging up to $50 roundtrip for families to sit together, Biden said.

– Michael Collins

Junk fees:Biden moves to limit credit fees to $8 for missed payments in latest "junk fee" crack down

Social Security and Medicare benefits draw tension during speech

Biden’s State of the Union address comes as he and Republican House Speaker Kevin McCarthy have started talks on the debt ceiling and government spending.

Tension has been building between the two parties over Social Security and Medicare benefits. McCarthy said Republicans aren’t going to cut those programs, but Democrats say the math will force those cuts if the GOP demands lowered government spending.

Biden in his speech said Republicans want to cut the programs, to which Rep. Marjorie Taylor Greene, R-Ga., stood up and yelled “Liar!” as other members booed the president.

“OK, so we agree,” Biden said. “Social Security and Medicare is off the books.”

Bipartisan cheers returned to the chamber.

– Candy Woodall

Medicare:Medicare launches plan to negotiate prices for the costliest drugs. Here's what to know.

Biden takes credit for deficit cuts

Biden celebrated the government’s deficit cuts seen under his administration in his State of the Union address.

“For the last two years, my administration has cut the deficit by more than $1.7 trillion, the largest deficit reduction in American history,” Biden said. The deficit’s cut was partly a result of higher tax revenues that Biden touted but also the end of spending related to the pandemic.

Biden also took a jab at former President Donald Trump for increases in the federal deficit under Trump’s administration. “Under the previous administration, the American deficit went up four years in a row,” Biden said, to boos and jeers from Republican lawmakers.

– Ken Tran

What happens if the US hits the debt ceiling?:Here's what to expect if we reach debt limit.

Biden says Republicans want to ‘take the economy hostage’ in debt ceiling talks

Biden accused Republicans of wanting to “take the economy hostage” unless he agrees to their demands for spending cuts during debt ceiling talks.

Biden demanded Republicans show “what their plans are.” House Speaker Kevin McCarthy has not specified what Republicans want axed.

“Some Republicans want Medicare and Social Security to sunset every five years,” Biden said, prompting loud boos from Republicans in Congress.

– Joey Garrison

Medicare and debt ceiling fight:How Medicare and Social Security benefits factor into the Kevin McCarthy debt ceiling fight

Biden defends Inflation Reduction Act

President Biden touted the Inflation Reduction Act which he signed into law, saying he was taking on powerful interest to bring health care costs down.

“You know, we pay more for prescription drugs than any major country on earth,” he said. “Big Pharma has been unfairly charging people hundreds of dollars – and making record profits.”

Having capped the cost of insulin at $35 a month for seniors on Medicare, Biden said it was time to help Americans not on Medicare, including 200,000 young people with Type I diabetes who need insulin to save their lives. “Let’s cap the cost of insulin at $35 a month for every American who needs it,” he said. The law also caps out-of-pocket drug costs for seniors on Medicare at a maximum $2,000 per year.

He also promised to veto any attempts to repeal the Inflation Reduction Act.

– Swapna Venugopal Ramaswamy

Credit fees:Biden moves to limit credit fees to $8 for missed payments in latest "junk fee" crack down

Biden tangles with GOP lawmakers over Social Security and Medicare

Biden got into an unusual back and forth with Republicans over whether GOP lawmakers want to end the automatic continuation of Social Security and Medicare.

When some vocally protested, Biden responded: “Anyone who doubts it, contact my office. I’ll give you a copy of the proposal.”

When the protests continued, Biden said he wasn’t arguing that all Republicans back reviewing entitlement programs every five years.

“But it’s being proposed,” he said.

– Maureen Groppe

Medicare debate:How Medicare and Social Security benefits factor into the Kevin McCarthy debt ceiling fight

Cheers and boos for Biden

Progressive members of the House, known as “the Squad,” cheered as President Joe Biden pushed for fair taxes and called out low tax rates for billionaires.

“You tell ‘em, Joe,” said Rep. Rashida Tlaib, D-Mich.

He also had plenty of jeers from the Republican side of the chamber when he slammed former President Donald Trump’s fiscal record and accused the House GOP of trying to cut Social Security and Medicare. The latter attracted loud boos.

Rep. Marjorie Taylor Greene, R-Ga., stood up and yelled, “Liar!” from the back of the chamber.

– Candy Woodall

Talkative Biden:On average, Biden is most talkative president in six decades of State of Union addresses

Biden repeats call for ‘billionaire’s tax’

Biden used his speech to call again for Congress to pass a so-called “billionaire’s tax,” saying some of the biggest corporations in the country are raking in billions of dollars in profits but paying no federal income taxes.

“That’s simply not fair,” he said.

Biden did not spell out the specifics of his proposal. But in the past, he has called for a 20% levy on households with a net worth of more than $100 million.

– Michael Collins

What are the tax brackets?:What are the 2022 US federal tax brackets? What are the new 2023 tax brackets? Answers here

Biden calls climate crisis ‘an existential threat’

Biden said “the climate crisis doesn't care if you're in a red or blue state” as he touted his administration’s work to take on what he called “an existential threat.”

He pointed to the Inflation Reduction Act, which included the largest climate package ever, and investments from his infrastructure law.

He later went off-script, saying, “We’re still going to need oil and gas for a while.”

– Joey Garrison

UN Secretary-General::'No more baby steps' on climate change

Biden to Congress: Continue insurance subsidies that lowered uninsured rates

Biden celebrated the fact that a record number of Americans have health insurance while calling on Congress to continue expanded insurance subsidies that helped boost that rate.

Those enhanced subsidies for people who purchase insurance on their own, instead of getting coverage from the government or an employer, expire after 2025.

“Let’s finish the job and make the savings permanent,” Biden said as he also called for extending expanded Medicaid coverage to all states.

– Maureen Groppe

Biden takes made in America a step further

Biden touted American manufacturing gains and a campaign promise to move more production to the U.S. from foreign countries. Biden then announced, “new standards to require all construction materials used in federal infrastructure projects to be made in America.”

“American-made lumber, glass, drywall, fiber optic cables,” he said. “And on my watch, American roads, American bridges, and American highways will be made with American products.”

Biden’s message echoes former President Donald Trump’s prior State of the Union addresses where he boasted about initiatives to bring back manufacturing jobs that have been lost over the years.

– Elisabeth Buchwald

Insulin costs:Medicare caps insulin costs at $35 a month. Can Biden get that price for all Americans?

Biden touts legislative victories in infrastructure and manufacturing

Biden championed his series of legislative victories that ranged from tackling the country’s supply chain shortage and sweeping investments in domestic manufacturing and infrastructure.

“We’re gonna make sure the supply chain for America begins in America,” Biden said, touting a bipartisan bill he signed that made investments to boost domestic manufacturing of semiconductors.

“To maintain the strongest economy in the world, we need the best infrastructure in the world,” said Biden, pointing to the bipartisan infrastructure bill. “Folks, we’re just getting started.”

– Ken Tran

Why Bono is at SOTU:Here's why musician, advocate Bono is at Biden's State of the Union address

Biden appeals to middle and working class people on manufacturing

In an appeal to middle class and working class people, Biden said he ran for president “to make sure the economy works for everyone” so that everyone can have pride in what they do for a living.

“For decades, the middle class was hollowed out,” he said. “Too many good-paying manufacturing jobs moved overseas. Factories at home closed down. Once-thriving cities and towns that many of you represent became shadows of what they used to be.”

Biden then spoke about his administration’s accomplishments in the manufacturing sector.

– Erin Mansfield

What is fentanyl poisoning?:These State of the Union guests lost their son to it

More:As Biden prepares 2024 reelection run, Dems worry blue-collar voters are slipping away

Biden: ‘COVID no longer controls our lives’

Biden said the nation’s economy is roaring back from the COVID-19 pandemic.

“Two years ago, COVID had shut down our businesses, closed our schools, and robbed us of so much,” he said. “Today, COVID no longer controls our lives.”

Biden said his administration has created 12 million jobs, “more jobs created in two years than any president has ever created in four.”

– Michael Collins

A full House – literally – for State of the Union

President Joe Biden entered a full House chamber Tuesday.

The capacity crowd included House and Senate members, current and former Supreme Court justices, family and honored guests.

Biden’s first words were met with a standing ovation, as he honored Republican and Democratic leaders – but also as he described the state of the union.

The applause came from Democrats and Republicans, and the standing ovations were sometimes led by a row of powerful Senate moderates, including Sens. Joe Manchin, D-W.Va., Lisa Murkowski, R-Alaska, and Kyrsten Sinema, who recently changed her party affiliation to independent.

– Candy Woodall

Biden: Pelosi is 'greatest speaker’ ever

Former House Speaker Nancy Pelosi isn’t sitting behind Biden for his address but she got a special call-out from the president anyway.

“I want to give special recognition to someone who I think will be considered the greatest speaker in the history of the House of Representatives, Nancy Pelosi,” Biden said.

Pelosi stepped down from Democratic leadership after the midterm elections. Biden also congratulated her successor, Rep. Hakeem Jeffries, the first Black American to be House minority leader.

– Maureen Groppe

What are burn pits?:Why were burn pits used? Toxic fumes, medical risks explained.

Biden begins speech telling McCarthy he looks forward to ‘working together’

Biden began his remarks congratulating Kevin McCarthy, the new Republican House speaker, and saying he looks forward to “working together.”

Biden also congratulated Democratic Leader Hakeem Jefferies, the first African American man to lead a party, and gave shout outs to Senate Leader Chuck Schumer, Senate Republican Leader Mitch McConnell and former House Speaker Nancy Pelosi.

“The story of America is a story of progress and resilience. Of always moving forward. Of never giving up,” Biden said.

– Joey Garrison

Labor Secretary Marty Walsh is designated survivor for 2023 State of the Union

Secretary of Labor Marty Walsh is the designated survivor for this year's State of the Union address.

Every year, a top government official is chosen as the “designated survivor” as a way to maintain the presidential line of succession in case of a catastrophic event where multiple officials in the line are unable to assume office.

– Ken Tran

Marty Walsh:Former Boston mayor Marty Walsh stepping down as Biden Labor Secretary for job with NHL union

Bono is at the State of the Union

Bono, the Irish lead singer of U2, is attending the State of the Union as a guest of first lady Jill Biden.

Bono is a longtime social justice advocate who co-founded the nonprofit ONE Campaign to address poverty and preventable diseases and Prouct RED to address HIV and AIDS in Africa.

He’s sitting next to Paul Pelosi, husband of former Speaker of the House Nancy Pelosi, D-Calif.

– Erin Mansfield

What is fentanyl poisoning?:These State of the Union guests lost their son to it

2 Californians will sit behind Biden

Vice President Kamala Harris and House Speaker Kevin McCarthy may not share a political party. But they do have something in common. Both are from California.

That gave them at least one thing to talk about as they stood on the rostrum, waiting for Biden’s speech to begin.

– Maureen Groppe

Biden gets a Supreme Court majority for speech, if not policies

At least for tonight, President Joe Biden landed a majority of the Supreme Court.

Five sitting Supreme Court justices stepped into the House chamber before the president’s remarks: Chief Justice John Roberts and Associate Justices Elena Kagan, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson.

That’s a decent turnout for an event some current and former justices have derided as a “political pep rally” and a “childish spectacle.”

Whether the president can cobble together a majority for any of his policies pending at the court – on immigration, student loan debt relief or environmental rules – remains to be seen.

– John Fritze

Biden to get bipartisan escort into House chamber

Biden will be escorted into the House chamber by a bipartisan group of House and Senate officials, including Senate leaders Chuck Schumer, D-NY, and Mitch McConnell, R-Ky.

–Michael Collins

Face masks uncommon as pre-pandemic normality returns

Few lawmakers were wearing face masks as they filed onto the House floor for Biden’s State of the Union speech.

And unlike last year, members of Congress were allowed to bring guests, a return to pre-pandemic normality.

“Today, COVID no longer controls our lives,” Biden will declare, according to speech excerpts the White House released in advance.

– Maureen Groppe

State of the economy:A look at economy's strengths, weaknesses as Biden sets to boast of record job growth in State of Union

Biden arrives at Capitol

Biden’s motorcade arrived at the Capitol at 8:40 p.m. ahead of his 9 p.m. State of the Union speech.

“Great shape, getting better,” Biden said when a reporter asked him, “What’s the state of the union?” before he departed the White House.

– Joey Garrison

5 big questions for Biden's speech:Is he running? 5 big questions Joe Biden will answer in the State of the Union

Poll: Republicans want GOP leaders to 'stand up’ to Biden

If Biden doesn’t find a receptive audience to his call for the two parties to work together, Republican voters could be the reason.

Most Republicans (64%) want GOP congressional leaders to “stand up” to Biden on matters important to GOP, even if that makes it harder to address critical problems facing the country, according to recent polling from the Pew Research Center.

And more are concerned that GOP lawmakers won’t focus enough on investigating the administration than the share worried that they will focus too much on investigations.

– Maureen Groppe

State of the Union guests:Lawmakers highlight policing, abortion, wrongful imprisonment

Biden approval rating hovering in low 40s ahead of speech

Biden’s second State of the Union address Tuesday comes as he remains under water politically, with more than half of voters disapproving of his job performance, according to most polls.

A Washington Post-ABC poll released this week found 42% of voters approve of Biden’s job performance, while 53% disapprove. That closely matches the FiveThirtyEight average of polls.

Biden’s job performance has stayed below since August 2021 in most polls. Even more troubling for Biden, most Americans can’t identify his achievements. Sixty-two percent of Americans said Biden has accomplished "not very much" or “little or nothing," in the same Washington Post-ABC News poll, while only 36% said he has accomplished "a great deal" or "a good amount."

– Joey Garrison

What to watch for:The State of the Union is Tuesday: Here's what you can expect from Joe Biden's speech

Vice President Kamala Harris chats with House Speaker Kevin McCarthy ahead of speech

Vice President Kamala Harris shook hands with House Speaker Kevin McCarthy, and the two chatted, as they stood behind the rostrum waiting for Biden to enter the House chamber.

This will be the first State of the Union with McCarthy as speaker since Republicans took control of the House during the midterm elections.

– Joey Garrison

Biden heads to the Capitol

Biden left the White House at 8:30 p.m. en route to the Capitol. Vice President Kamala Harris arrived ahead of him along with the majority of his Cabinet.

– Elisabeth Buchwald

Paul Pelosi arrives at State of the Union

Paul Pelosi, the 82-year-old husband of former House Speaker Nancy Pelosi, arrived at the State of the Union about 8:30 p.m. Tuesday.

This marks his first visit to a joint session of Congress since a video release of a brutal October attack that left him with head and hand injuries requiring surgery.

– Candy Woodall

Lawmakers arrive for State of the Union

If handshakes across the aisle are any reliable indication, there was a hint of bipartisanship in the air as lawmakers arrived for President Joe Biden’s first State of the Union before a divided Congress.

There was also the smell of cigars in the House gallery hallways on the third floor, a sign of the changing guard and new House rules.

Several guests and congresswomen were wearing white, as a nod to the suffragettes. That included Rep. Marjorie Taylor Greene, R-Ga., who despite earlier posts did not bring a white balloon into the chamber to troll Biden about what she describes as a delayed response in taking down the Chinese spy balloon.

- Candy Woodall

Biden traveling to Wisconsin and Florida after speech

Biden administration officials will hit the road this week, holding events in at least 20 states to highlight parts of the president’s message.

Biden himself will talk about his economic agenda in Wisconsin Wednesday and will discuss Social Security and Medicare in Florida Thursday.

Vice President Kamala Harris is heading to Georgia and Minnesota. Multiple other cabinet members are also fanning out across the country.

- Maureen Groppe

How would Biden’s billionaire tax work?

Tonight Biden will resurface his plan to levy more taxes on the ultra-wealthy. But how would that work?

Under the current tax system, you don’t have to pay taxes on assets like stocks, homes and artwork that can appreciate over time until you sell it. But if you hold onto them until you die, you won’t have to pay any taxes. And on top of that, heirs that inherit your assets won’t have to pay taxes if they sell them.

The Biden Administration refers to this as a tax loophole, as billionaires benefit the most since they’re more likely than working-class Americans to get compensated via stocks or other assets that appreciate over time or inherit them.

To end the practice, Biden is proposing “minimum income tax” on American households worth more than $100 million. His plan calls for the wealthiest Americans to pay a tax rate of at least 20% on their full income, including unrealized gains from assets that have increased in value since their purchase.

– Elisabeth Buchwald

Taxing billionaires:Should the wealthy pay taxes on expensive art and wine? Joe Biden thinks so. Here's how it would work

Ocasio-Cortez lays out expectations for Biden’s speech, working with Republicans

Ahead of Biden’s address, Rep. Alexandria Ocasio-Cortez, D.-N.Y., said she’s hoping to “hear a really strong vision” from Biden and explained how Democrats and Republicans could find common ground after the GOP gained control of the House during the midterm elections.

The New York lawmaker told CNN she hopes to hear “about not just what we've done so far, but also our plans on executing on the enormous bills and successes that we've had in the last one to two years," saying “There still is implementation and execution on these plans to address our priorities around climate, taxing the rich and so much more.”

– Marina Pitofsky

Biden's 'finish the job' call in State of the Union echoes FDR

Historian Michael Beschloss hears echoes of Franklin D. Roosevelt in Biden’s State of the Union address.

Biden will call on Republicans to work with him to “finish the job” of rebuilding the economy and uniting the country, according to excerpts of the speech released by the White House.

“Finish the job” was used as a rationale for FDR's reelection, Beschloss tweeted about the phrase’s historical lineage. It was also a slogan for the World War I effort. And in a famous radio address during World War II, British Prime Minister Winston Churchill vowed to “finish the job.”

At the start of Biden’s administration, many comparisons – not all of them favorable – were made between the size and scope of Biden’s ambitions, Roosevelt’s programs and the World War II spending that lifted the nation out of the Great Depression.

– Maureen Groppe

Sarah Huckabee Sanders: Biden is more interested in 'woke fantasies' than concerns of everyday Americans

In delivering the Republican response to the State of the Union, Arkansas Gov. Sarah Huckabee Sander plans to attack Biden and the Democrats over a panoply of issues that include inflation, taxes, education and so-called "culture wars."

"And while you reap the consequences of their failures, the Biden administration seems more interested in woke fantasies than the hard reality Americans face every day," Sanders plans to say, according to speech excerpts released by her office.

Another excerpt: "Most Americans simply want to live their lives in freedom and peace, but we are under attack in a left-wing culture war we didn’t start and never wanted to fight."

– David Jackson

State of the Union guests:Lawmakers highlight policing, abortion, wrongful imprisonment

How long does the State of the Union last? What it will take for Biden to set a SOTU record

Biden’s first State of the Union address in 2022 was somewhere between the longest and shortest speeches ever given, according to The American Presidency Project. Will he keep his second address tonight short and sweet, or will he be long-winded?

If he intendeds to break the record for the shortest speech ever, he’d have it keep it under 28 minutes and 55 seconds. That was the time Richard Nixon took to deliver his address in 1972. To beat the longest address ever, he’d have to outdo his fellow Democrat former President Bill Clinton, who went on for 1 hour, 28 minutes and 40 seconds for his final State of the Union speech in 2000. Clinton also claims the spot for the second longest address, clocking in at 1 hour, 24 minutes and 58 seconds in 1995.

– Swapna Venugopal Ramaswamy

Biden to promise investment in ‘places and people that have been forgotten’

Biden will spend part of his address promoting his economic plan and assuring Americans that he wants to invest in “places and people that have been forgotten.”

Amid the economic upheaval of the past four decades, too many people have been left behind or treated like they’re invisible, he will say, according to excerpts of the speech released by the White House.

“Maybe that’s you watching at home,” Biden will say. “You remember the jobs that went away. And you wonder whether a path even exists anymore for you and your children to get ahead without moving away. I get it. That’s why we’re building an economy where no one is left behind. Jobs are coming back, pride is coming back because of the choices we made in the last two years. This is a blue-collar blueprint to rebuild America and make a real difference in your lives.”

– Michael Collins

Biden to praise recovery from Jan. 6 riot, COVID

President Joe Biden will say “the story of America is a story of progress and resilience” in his State of the Union address as he touts a rebounding economy, COVID-19 recovery and democracy that survived the Jan. 6, 2021 Capitol attack, according to excerpts of the speech provided by the White House.

Biden will tout 12 million new jobs created under his presidency – many that came back following the pandemic – to claim economic progress. And he will reflect on a period two years ago when businesses and schools closed at the height of the pandemic.

“Today, COVID no longer controls our lives,” Biden plans to say. “And two years ago, our democracy faced its greatest threat since the Civil War. Today, though bruised, our democracy remains unbowed and unbroken.”

– Joey Garrison

Biden to ask Republicans to work with him in SOTU speech

President Joe Biden will make a plea to Republicans in Congress to work with him. He said after the November elections that Americans sent a divided Congress to Washington because they want them to work together.

“The people sent us a clear message,” Biden will say, according to excerpts released from the White House. “Fighting for the sake of fighting, power for the sake of power, conflict for the sake of conflict, gets us nowhere.”

– Erin Mansfield

Why Sen. Patty Murray and other lawmakers will be wearing crayons at State of the Union

Washington Sen. Patty Murray and some of her Democratic colleagues will be wearing crayon pins to President Joe Biden's State of the Union address Tuesday to signal their support for greater investments in child care. Such care now costs more than $10,000 a year on average, and roughly half of Americans live in a child care desert. Insufficient child care takes a toll on America's economy, recent research shows, costing taxpayers $122 billion annually.

Partisan gridlock has prevented progress on major child care reforms, such as Murray's Child Care for Working Families Act, which would generally cap child care expenses at 7% of a family's household income. Biden, who alluded to that cap in his last State of the Union, has also struggled to gain traction on his child care proposals.

– Alia Wong

Lawmakers to highlight key social issues through guests

Tuesday night’s State of the Union address will be the first year since the beginning of the COVID-19 pandemic where lawmakers are allowed to bring their own guests. As part of tradition, lawmakers tend to invite guests that draw attention to issues important to them.

Several Democratic lawmakers have invited guests to champion abortion access such as Roslyn Roger Collins, president and CEO of Planned Parenthood Metropolitan New Jersey, who will attend the address alongside Rep. Bob Mendendez, D-N.J., according to Planned Parenthood.

In the wake of the brutal beating and subsequent death of Tyre Nichols in Memphis, Tennessee, members of the Congressional Black Caucus are bringing guests who have been impacted by police violence. House Democratic Minority Leader Hakeem Jeffries has invited Gwen Carr, the mother of Eric Garner, who died at the hands of a New York police officer in 2014.

– Christine Fernando and Ken Tran

Republican response: Sarah Huckabee Sanders follows in historic footsteps with her State of the Union response

Arkansas Gov. Sarah Huckabee Sanders is the first former White House press secretary to deliver a formal State of the Union response – she is not, however, the first governor of Arkansas to do the honors.

Back in 1985, the Democrats picked a young governor of Arkansas to deliver their response to President Ronald Reagan.

His name? Bill Clinton ... then-future President Bill Clinton.

Sanders will give the Republican rebuttal after Biden's speech.

– David Jackson

5 big questions for the SOTU:Is he running? 5 big questions Joe Biden will answer in the State of the Union

Biden and China: Spy balloon likely to be addressed

The speech is a chance for Biden to respond to those who have criticized how he handled the suspected Chinese spy balloon that drifted over the United States last week – and to send a public message to China. Republicans have accused Biden of showing weakness by not shooting down the balloon sooner.

Tensions have been rising with China, which the U.S. considers its biggest strategic and economic competitor. The nations have clashed over Taiwan, technology, human rights, Russia’s invasion of Ukraine and other disputes.

The Biden administration has been trying to stabilize the relationship, building what it’s called “guardrails” as it normalizes interaction. But one effort to do that – sending Secretary of State Antony Blinken to China – was postponed because of the balloon incident.

– Maureen Groppe and Michael Collins

Intel chair: China balloon flew over nuke sites

Biden to lay out 'forceful approach’ to combatting fentanyl

The Biden administration will launch a national campaign to educate young people on the dangers of fentanyl, part of the “forceful approach” for going after fentanyl trafficking and reducing overdose deaths.

Other steps include:

Using new large-scale scanners to improve efforts to stop fentanyl from being brought into the U.S. through the southern border.

Working with package delivery companies to catch more packages containing fentanyl from being shipped around the country.

Working with Congress to make permanent a temporary tool that that’s helped federal agents crack down on drugs chemically similar to fentanyl.

– Maureen Groppe

5 big questions on Biden's speech:Is he running? 5 big questions Joe Biden will answer in the State of the Union

Biden to plug job market as recession looms

President Joe Biden is expected to take credit for a booming job market and easing inflation when he speaks to the nation Tuesday night.

But he’ll likely leave out a litany of trouble spots, including a slumping housing market, a monthslong manufacturing downturn and elevated recession risk this year. Meanwhile, inflation is still high and economists pin at least some of the blame on Biden for showering Americans with cash in early 2021 while the economy was already healing.

– Paul Davidson

State of the economy:A look at economy's strengths, weaknesses as Biden sets to boast of record job growth in State of Union

Who is Sarah Huckabee Sanders? Arkansas governor to giver Republican response to Biden's State of the Union address

Sarah Huckabee Sanders, one-time White House press secretary for former President Trump and current governor of Arkansas, will deliver the Republican rebuttal to Biden’s State of the Union address tonight.

Sanders, the youngest governor in the U.S., hails from a prominent political family. Her father Mike Huckabee was the 44th governor of Arkansas, serving from 1996 to 2007 before launching an unsuccessful presidential bid during the 2008 election. The younger Sanders has since cut out her own place in GOP politics, emerging as one of the more high-profile members of the Trump administration.

– Anna Kaufman

Bono, Tyre Nichols’ family members among guests sitting with first lady Jill Biden Tuesday night

The lead singer for the rock group U2, Bono, and Ukraine’s ambassador to the U.S., Oksana Markarova, are among the White House guests attending President Joe Biden’s State of the Union address Tuesday.

Guests are chosen to highlight themes of the president’s speech or because they represent his policy initiatives.

Bono is the cofounder of the ONE campaign to fight poverty and preventable diseases, and (RED), which fights HIV/AIDS in Africa. Other guests who will be sitting with first lady Jill Biden during the speech include:

The mother and stepfather of Tyre Nichols, the 29-year-old Black man who died after being beaten by Memphis police officers.

Brandon Tsay, the man who disarmed the Monterey Park gunman who killed 11 people and injured 10 others during a Lunar New Year celebration.

A Texas woman who almost died because doctors were concerned that intervening when her pregnancy ran into difficulties would violate the state’s abortion ban.

One of the Massachusetts same-sex couples who sued the state for the right to marry in 2001.

– Maureen Groppe

What to expect from tonight's speech:Here's what you can expect from Joe Biden's speech

Biden's speech comes amid job gains

One accomplishment Biden is sure to bring up tonight is the level of job gains under his presidency. Since he took office the unemployment rate went from 6.3% to 3.4%, per the latest jobs data.

Despite recession fears and massive tech layoffs, U.S. employers added 517,000 new jobs last month, well exceeding economists' expectations of around 180,000 new jobs.

The blowout jobs report paved the way for the Federal Reserve to pass more rate hikes aimed at lowering inflation, Fed Chairman Powell said in remarks he delivered earlier today. But the rate hikes could push the economy closer to a recession, which the central bank has avoided so far.

– Elisabeth Buchwald

Biden’s student loan forgiveness plan remains stalled

Biden has yet to fulfill his campaign promise of canceling at least $10,000 in student loan debt. Last year he unveiled a plan to make good on his promise.

However the plan is being stalled by legal challenges. Six states – Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina – formed a coalition to fight the proposal. They argue that canceling student loan debt extends beyond the administration’s legal authority.

The Supreme Court is set to hear arguments for the case later this month. The Biden administration claims it is well within their legal realm to proceed with its plan. It cannot do so unless the Court rules in its favor, however.

– Elisabeth Buchwald

Stock market under Biden

Since President Joe Biden took office in January 2021, the Dow Jones Industrial Average gained 10%. Last year the index fell into a bear market, meaning it dropped 20% below a market peak set last January.

During former President Donald Trump's time in office, the Dow gained 56%. That represents an annualized gain of close to 12%, one of the best stock market performances under a Republican president according to data from LPL Financial.

– Elisabeth Buchwald

What time is the State of the Union speech tonight?

Biden’s State of the Union speech is Tuesday at 9 p.m. EST.

How to stream the SOTU

The speech will be livestreamed by USA TODAY.

Who is the designated survivor tonight?

The State of the Union address, delivered to a joint session of Congress and a crowd that includes all nine Supreme Court justices, poses a unique scenario in which every key member of the nation’s leadership is in one room.

That makes it both a momentous affair, and a significant national security risk. For this reason, each year one member of the president’s Cabinet dubbed the "designated survivor" hangs back.

The practice dates back to the Cold War, during which fears of a Soviet Nuclear attack abounded and a fresh urgency surrounded protocols for the order of presidential succession. The designated survivor for 2023 has not yet been announced, but heads of the Departments of Agriculture, Commerce, and Energy have most frequently been chosen.

– Anna Kaufman

What channel is the State of the Union on?

The major TV networks and other news outlets, such as Fox News, MSNBC, CNN and PBS, are providing live coverage of the address.

What is the State of the Union address?

The State of the Union address isn’t just a tradition in the nation’s capital. It's rooted in the Constitution.

Article II of the Constitution says the president shall “from time to time give to the Congress Information of the State of the Union."

That doesn’t mean the president has to give a speech – as they often do today.

"From that very general mandate in the Constitution has evolved into what we recognize today as a yearly event, with lots of pomp and circumstance," Claire Jerry, a curator of political history at the National Museum of American History, told USA TODAY.

– Marina Pitofsky

When did the annual message become known as State of the Union address?

From 1790 to 1946, the speech delivered by the president to Congress was known simply as the "Annual Message."

In 1947 is became the ‘State of the Union’ and has since been referred to by that name.

– Anna Kaufman

What is the origin of the state of the union address?

Article II, Section 3 of the U.S. Constitution states that the president will “give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.”

This language birthed the practice, allowing the executive to deliver to a joint session of Congress and the American people.

In the modern era, the speech has become a vehicle for administrations to roll out their policy priorities for the coming year and spotlight key agenda issues.

– Anna Kaufman

Supreme Court curbs EPA's ability to fight climate change | CNN ...

CNN —

The Supreme Court curbed the Environmental Protection Agency’s ability to broadly regulate carbon emissions from existing power plants, a major defeat for the Biden administration’s attempts to slash emissions at a moment when scientists are sounding alarms about the accelerating pace of global warming.

In addition, the court cut back agency authority in general invoking the so-called “major questions” doctrine – a ruling that will impact the federal government’s authority to regulate in other areas of climate policy, as well as regulation of the internet and worker safety.

The decision issued Thursday will send shockwaves across the federal government, threatening agency action that comes without clear congressional authorization.

The ruling was 6-3. Chief Justice John Roberts wrote the opinion for the conservative majority, with the three liberal justices dissenting. Roberts said that “our precedent counsels skepticism toward EPA’s claim” that the law “empowers it to devise carbon emissions caps based on a generation shifting approach.”

“Under our precedents, this is a major questions case,” Roberts wrote, adding that “there is little reason to think Congress assigned such decisions to the Agency.”

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the ruling “could be cataclysmic for modern administrative law.”

“For a century, the federal government has functioned on the assumption that Congress can broadly delegate regulatory power to executive branch agencies. Today’s ruling opens the door to endless challenges to those delegations – on everything from climate change to food safety standards – on the ground that Congress wasn’t specific enough in giving the agency the power to regulate such ‘major’ issues,” Vladeck said.

Regarding the EPA, Roberts wrote that capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal may be a “sensible” solution.

“But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme” under the law in question.

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” he wrote.

Writing separately, Justice Neil Gorsuch emphasized the court’s move to limit agency power, which he considers unaccountable to the public.

“While we all agree that administrative agencies have important roles to play in a modern nation, surely none of us wishes to abandon our Republic’s promise that the people and their representatives should have a meaningful say in the laws that govern them,” Gorsuch wrote.

Justice Elena Kagan, writing for the dissenters, sounded the alarm about global warming and said that the court’s decision “strips” the EPA of the “power Congress gave it to respond to ‘the most pressing environmental challenge of our time.’”

“The Court appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy,” she wrote.

“I cannot think of many things more frightening,” she concluded.

The White House on Thursday blasted the ruling.

“This is another devastating decision from the Court that aims to take our country backwards,” a White House official said in a statement. “While the Court’s decision risks damaging our ability to keep our air clean and combat climate change, President Biden will not relent in using the authorities that he has under law to protect public health and tackle the climate change crisis.”

Meanwhile, US Department of Health and Human Services Secretary Xavier Becerra said the ruling is “a public health disaster” that will hurt Americans’ health.

“A failure to regulate power plant emissions will lead to increases in asthma, lung cancer, and other diseases associated with poor air quality, and in many places, those impacts are likely to fall hardest in already heavily polluted neighborhoods,” Becerra said.

Action from Congress is unlikely

The opinion calls into question the future of federal-level climate action in the US, and puts even more pressure on Congress to act to reduce planet-warming emissions.

But broad action from Congress is unlikely. Democrats in Congress have been embroiled in difficult negotiations on a climate and clean energy bill with their main holdout, Sen. Joe Manchin of West Virginia for months, with no clear end in sight.

It’s unclear whether those negotiations on a package of clean energy tax credits and other emissions-cutting programs will yield a result. And without both major investments on clean energy and strong regulations cutting emissions by the EPA, President Joe Biden has very little hope of meeting his climate goal, independent analysis shows.

Congressional Democrats also expressed fury at the court’s decision and warned of the environmental consequences.

Democratic Rep. Raúl Grijalva of Arizona, who chairs the House Natural Resources Committee, said the court has “sentenced our planet to death.”

“Make no mistake, this decision – and all of the decisions this week – will be directly responsible for the harm and deaths of countless Americans,” he said.

Democratic Sen. Ed Markey, who proposed the Green New Deal, said the decision “lets polluters turn back the clock on fifty years of reduced pollution and improved air quality all across the country.”

“The result of this dangerous decision is an EPA that is undermined in its ability to protect the public,” he said, adding that Congress should pass “meaningful climate and clean energy funding” and the “climate justice and clean energy package.”

Vladeck said the lack of congressional willpower will lead to the erosion of federal power.

“It would be one thing if Congress could be expected to respond to this ruling by updating all of those delegations to make them more specific, but we – and the Court – know that it won’t, which will almost surely lead to significant deregulation across a wide swath of federal authority.”

Climate impacts of power plants

Fossil fuels in the power sector are a huge contributor to the climate crisis. Around 25% of planet-warming greenhouse gas emissions around the globe and in the US come from generating electricity, according to the EPA. And coal, the dirtiest fossil fuel, powers about 20% of US electricity. Emissions from power production rose last year for the first time since 2014, an increase that was mainly driven by coal use.

The surge in fossil fuel use is worrying not only for Biden’s climate goals – the President in his first months in office pledged to slash US emissions in half by 2030 – but also the planet. Scientists have become increasingly urgent in their warnings that to make headway on the climate crisis, emissions need to not only be reduced going forward, but the world needs to develop ways to also remove the greenhouse gas that’s been pumped into the atmosphere in decades past.

In a landmark report last year, scientists reported that the planet is warming faster than they had previously imagined it would. As it does, they said, extreme weather will become more deadly; water crises will develop and worsen; food insecurity will grow and disease will spread. To avoid the worst consequences, the world must limit global warming to 1.5 degrees Celsius (it’s already passed 1.1 degrees), and the only way to do that is to keep the vast majority of the Earth’s remaining fossil fuel stored in the ground.

Scope of Clean Air Act

Central to the case was the section of the Clean Air Act concerning the scope of the EPA’s ability to regulate power plants.

The Obama administration interpreted the provision broadly in a way that would justify regulations on a statewide basis. The Trump administration, however, said the EPA’s authority is much more narrow and that it could only target requirements aimed at making individual power plants more efficient.

The DC Circuit vacated the Trump rule in 2021 holding that it rested on a “fundamental misconstruction” of the law. The Biden administration is currently working on a new rule.

Because there is no current EPA rule on power plant emissions on the books, court watchers were surprised when the Supreme Court agreed to take up a challenge to the lower court opinion brought by Republican-led states.

West Virginia Attorney General Patrick Morrisey was the main plaintiff in this case, joined by Republican attorneys general from more than a dozen other states. He was joined by lawyers representing two coal companies: The North American Coal Corporation, and Westmoreland Mining Holdings, LLC.

The plaintiffs challenged the EPA’s authority to broadly regulate greenhouse gas emissions coming from power plants and said this power should be taken away from the agency and given to Congress. They said a provision of the Clean Air Act did not give the agency such broad authority, and citing a legal principle called “the major questions doctrine,” the challengers said that such decisions with such sweeping implications had to have Congress’ clear authorization.

On the other side, Solicitor General Elizabeth Prelogar argued that the petitioners’ case should be dismissed because there is no federal regulation for power plants on the books right now – with both the Obama-era Clean Power Plan and the Trump-era Affordable Clean Energy rule dead. The EPA has not yet issued a new rule.

Republicans ‘pleased’ with decision

Morrisey on Thursday said the court “made the correct decision to rein in the EPA, an unelected bureaucracy.”

“We are pleased this case returned the power to decide one of the major environmental issues of the day to the right place to decide it: the U.S. Congress, comprised of those elected by the people to serve the people,” he said. “This is about maintaining the separation of powers, not climate change.”

West Virginia Gov. Jim Justice, a Republican, also celebrated the ruling, saying that it “will stop unelected bureaucrats in Washington, D.C. from being able to unilaterally decarbonize our economy just because they feel like it.”

This story has been updated with additional details.

Ariane De Vogue Ella Nilsen Veronica Stracqualursi

Biden administration scales back student loan forgiveness plan as ...

Washington CNN —

The Biden administration scaled back eligibility for its student loan forgiveness plan Thursday, the same day six Republican-led states sued President Joe Biden in an effort to block his student loan forgiveness plan from taking effect.

Borrowers whose federal student loans are guaranteed by the government but held by private lenders will now be excluded from receiving debt relief. Around 770,000 people will be affected by the change, according to an administration official.

The Department of Education initially said these loans, many of which were made under the former Federal Family Education Loan program and Federal Perkins Loan program, would be eligible for the one-time forgiveness action as long as the borrower consolidated his or her debt into the federal Direct loan program.

On Thursday, the department reversed course. According to its website, privately held federal student loans must have been consolidated before September 29 in order to be eligible for the debt relief.

Borrowers with privately held federal student loans who have not consolidated yet are currently out of luck, though the Department of Education said it “is assessing whether there are alternative pathways” to provide relief.

Borrowers with privately held federal student loans represent a small portion of the 43 million federal student loan borrowers. There are about 4 million borrowers with Federal Family Education Loans, but not all of those people are likely eligible for the loan forgiveness plan, which also includes an income requirement.

“Our goal is to provide relief to as many eligible borrowers as quickly and easily as possible, and this will allow us to achieve that goal while we continue to explore additional legally-available options to provide relief to borrowers with privately owned FFEL loans and Perkins loans, including whether FFEL borrowers could receive one-time debt relief without needing to consolidate,” the Department of Education said in an emailed statement.

“Borrowers with privately held federal student loans who applied to consolidate their loans into Direct Loans before September 29, 2022 will obtain one-time debt relief. The FFEL program is now defunct and only a small percentage of borrowers have FFEL loans. This is a completely different program than Direct Loans,” the statement said.

Lawsuit argues forgiveness will hurt loan servicers

The lawsuit was filed in a federal court in Missouri by state attorneys general from Missouri, Arkansas, Kansas, Nebraska and South Carolina, as well as legal representatives from Iowa.

“In addition to being economically unwise and inherently unfair, the Biden Administration’s Mass Debt Cancellation is another example in a long line of unlawful regulatory actions. No statute permits President Biden to unilaterally relieve millions of individuals from their obligation to pay loans they voluntarily assumed,” Nebraska Attorney General Doug Peterson’s office said in a news release.

The plaintiffs argued that student loan servicers – including the Higher Education Loan Authority of the State of Missouri, known as MOHELA – are harmed by Biden’s student loan forgiveness plan. It argues that the plan creates an incentive for borrowers to consolidate Federal Family Education Loans owned by MOHELA into Direct Loans owned by the government, “depriving them (MOHELA) of the ongoing revenue it earns from servicing those loans,” according to the lawsuit.

But the Department of Education’s move to exclude borrowers with privately held federal loans from the student loan forgiveness plan could weaken that legal argument, said Luke Herrine, an assistant law professor at the University of Alabama who previously worked on a legal strategy pushing for student debt cancellation.

The White House continues to argue that its student loan forgiveness plan is legal.

“Republican officials from these six states are standing with special interests, and fighting to stop relief for borrowers buried under mountains of debt,”said White House spokesman Abdullah Hasan in an emailed statement.

“The President and his administration are lawfully giving working and middle class families breathing room as they recover from the pandemic and prepare to resume loan payments in January,” he said.

Federal student loan payments have been paused since March 2020, thanks to a pandemic-related benefit. The pause expires on December 31.

Earlier this week, a public interest lawyer who is also a student loan borrower, sued the Biden administration over the student loan forgiveness plan, arguing that the policy is an abuse of executive power and that it would stick him with a bigger state tax bill.

How Biden’s plan will work

Under Biden’s plan, individual borrowers who earned less than $125,000 in either 2020 or 2021 and married couples or heads of households who made less than $250,000 annually in those years will see up to $10,000 of their federal student loan debt forgiven.

If a qualifying borrower also received a federal Pell grant while enrolled in college, the individual is eligible for up to $20,000 of debt forgiveness. Pell grants are awarded to millions of low-income students each year, based on factors that include their family’s size and income and the cost charged by their college. These borrowers are also more likely to struggle to repay their student debt and end up in default.

The administration is expected to roll out the first wave of student loan forgiveness in October.

The Congressional Budget Office estimated this week – before the administration excluded FFEL borrowers – that Biden’s plan could cost the government $400 billion but warned that the estimate relies on several assumptions and is “highly uncertain.”

Estimating the cost of student debt forgiveness is complicated because loans are generally paid back over several years. The White House argues that the CBO’s estimate should be looked at over a 30-year time frame.

Untested legal waters

Biden announced the forgiveness plan in August, after facing mounting pressure from Democrats to forgive some student loan debt. Senate Majority Leader Chuck Schumer and Massachusetts Sen. Elizabeth Warren repeatedly called on the President to cancel up to $50,000 in student loan debt per borrower.

But canceling federal student loan debt so broadly is unprecedented and, until now, has yet to be tested in court. Biden initially urged Congress to take action to cancel some student debt, rather than wade into a murky legal area himself, but Democrats don’t have the votes to pass such legislation.

In a Department of Education memo released in August, the Biden administration argued that the Higher Education Relief Opportunities for Students Act of 2003 – or Heroes Act – grants the Education Secretary the power to cancel student debt to help address the financial harm suffered due to the Covid-19 pandemic.

The Heroes Act, which was enacted in the wake of the September 11 terrorist attacks, “provides the Secretary broad authority to grant relief from student loan requirements during specific periods,” including a war, other military operation or national emergency, according to the memo.

The lawsuit filed Thursday argues that the Heroes Act does not grant the President such broad authority.

What happens next

Additional lawsuits challenging Biden’s student loan forgiveness plan could be forthcoming. Arizona Attorney General Mark Brnovich, a Republican, has said he is working on developing the best legal theory to sue the administration over the action.

A conservative advocacy group called the Job Creators Network is also weighing its legal options, planning to file a lawsuit once the Department of Education formalizes the student loan forgiveness plan next month.

But some legal experts are skeptical that a legal challenge to Biden’s student loan forgiveness plan could be successful.

Abby Shafroth, staff attorney at the nonprofit National Consumer Law Center, previously told CNN that she believes the merits of the Biden administration’s legal statutory authority are strong and that it’s unclear who would have legal standing to bring a case and want to do so. Standing to bring a case is a procedural threshold requiring that an injury be inflicted on a plaintiff to justify a lawsuit.

If the standing hurdle is cleared, a case would be heard by a district court first – which may or may not issue a preliminary injunction to prevent the cancellation from occurring before a final ruling is issued on the merits of the hypothetical case.

Several recent US Supreme Court decisions have touched on executive power, limiting the federal government’s authority to implement new rules. While the Supreme Court takes up a small number of cases each year, lower courts may look at what the justices have said in those cases when assessing the Department of Education’s authority.

This story has been updated with additional information.