A former top lawyer for the Department of Education in the Obama administration said the Biden administration's developing plan to cancel student loans by executive order would likely falter under legal challenge.
Charlie Rose, who served as general counsel at the Department of Education from 2009-11, made the legal observation in an internal memo circulated at his law firm Hogan Marren Babbo & Rose, according to a report by the Wall Street Journal.
Rose's memo suggests that the administration should instead use agency regulatory power to work toward canceling debt for a number of borrowers. Such action, Rose says, would be more likely to withstand legal scrutiny.In recent weeks, the Department of Education announced new measures to implement existing student loan forgiveness programs for public service employees and low-income borrowers. The administration estimates that 3.
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