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Amicus Briefs

State of Nebraska v. Biden

NCLA filed an amicus curiae brief in the lawsuit brought by six States—Nebraska, Missouri, Arkansas, Iowa, Kansas, and South Carolina—to block the Biden Administration’s unlawful student loan debt cancellation plan. Specifically, the U.S. Department of Education’s invocation of the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 to rewrite statutory provisions to cancel hundreds of billions of dollars owed to the Treasury violated both the Vesting and Appropriations Clauses of the Constitution.

The Department of Education’s scheme was legislative in character because it amended laws duly passed by Congress. It was also an appropriation because any amount of canceled debt directly reduces funds that would otherwise flow into the Treasury. The HEROES Act would be unquestionably unconstitutional if it empowered an executive agency like the Department of Education to amend statutes and appropriate funds. Yet, that was in essence what the Biden Administration (mis)interpreted that law to do. In short, the Department of Education relied on an unconstitutional interpretation of the HEROES Act to justify its unlawful mass debt cancellation plan.

On June 30, 2023, the U.S. Supreme Court ruled in this case that the student loan debt cancellation plan was unlawful.

Mark Chenoweth
President and Chief Legal Officer
Sheng Li
Litigation Counsel
Russ Ryan
Senior Litigation Counsel

Decision of the U.S. Supreme Court

June 30, 2023 | Read More

Response to Rule 28(j) Letter

November 2, 2022 | Read More

Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Plaintiffs-Appellants

November 2, 2022 | Read More


NCLA Notches Supreme Court Amicus Win Against Biden's Student Loan Debt Handout

June 30, 2023 | Read More

NCLA Amicus Brief Argues States Have Standing to Challenge Student Loan Debt Cancellation Plan

February 3, 2023 | Read More

NCLA Amicus Brief Supports States’ Suit Against Biden Admin’s Mass Student Loan Cancellation

October 25, 2022 | Read More


The Major Questions Doctrine Is Compatible with Textualism


August 11, 2023

Court’s Student-Loan Decision Is Not Legally Controversial

July 11, 2023



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