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Biden v. Nebraska

Updated Sep 3, 2026

In brief

The Education Secretary could not use the HEROES Act to carry out this broad student-debt cancellation plan.

Where it stands
Decided

Decided 6-3 · June 30, 2023 · Opinion by Chief Justice Roberts

What it’s about
The Court held that the First Amendment prohibits Colorado from forcing a website designer to create websites celebrating same-sex marriages when doing so would contradict her religious beliefs. The ruling emphasized protection for expressive speech.
Who it affects
The decision stopped the challenged debt-cancellation plan. For example, borrowers who expected loan principal to be canceled under that program did not receive that relief.

Summary: written with AI from the case record.

Illustration for Biden v. Nebraska
Conceptual illustration · AI-generated

What it's about

The case limited how far the executive branch may use the HEROES Act's power to waive or modify education-program rules.

Question presented

1. Do Nebraska and other states have judicial standing to challenge the student-debt relief program? 2. Does the student-debt relief program exceed the statutory authority of the U.S. Secretary of Education, or does it violate the Administrative Procedure Act?

What the Court decided

The vote

  • Joined the judgment
  • Concurred in a separate opinion
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Robertswrote the opinion
  2. Thomas
  3. Alito
  4. Gorsuch
  5. Kavanaugh
Concurring · 1agreed with the result, wrote separately
  1. Barrettwrote separately
Dissenting · 3disagreed with the result
  1. Kaganwrote the dissent
  2. Sotomayor
  3. Jackson
6 justices joined the judgment (1 writing separately), 3 dissented.

From the opinions

“The HEROES Act does not allow the Secretary to rewrite the statute to the extent of canceling $430 billion of student loan principal.”

— Chief Justice John G. Roberts, Jr.(majority)

What's next

The case returned to the lower courts for further proceedings consistent with the Supreme Court's decision. The Education Department cannot implement the challenged plan under the authority the Court rejected.

Documents

4

Docket activity

11
  • New analysis added

    Sep 3, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 3, 2026 · Generated

  • New analysis added

    Sep 3, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 3, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 3, 2026 · Generated

Show 6 more
  • Status changed from null to decided

    Mar 8, 2026 · Court records

  • Status changed from decided to null

    Mar 8, 2026 · Court records

  • Opinion added: opinion

    Jun 30, 2023 · Court records

  • Brief added: Reply

    Nov 28, 2022 · Court records

  • Court Order added: Lower Court Orders/Opinions

    Nov 18, 2022 · Court records

  • Brief added: Questions Presented

    Court records

More questions

3
What did the Supreme Court rule in Biden v. Nebraska?
The Court ruled that Missouri had standing and that the HEROES Act did not authorize the challenged $430 billion debt-cancellation plan.
Who was affected by the Biden v. Nebraska decision?
Borrowers expecting relief under the challenged program did not receive it. Missouri's loan-related corporation, MOHELA, avoided the estimated annual fee loss.
What happens next after Biden v. Nebraska?
Lower courts handle the case on remand. The Education Department cannot implement this debt-relief plan under the HEROES Act authority at issue.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 3, 2026Methodology

Court records and filings

Reporting and analysis