John Roberts Likens Biden’s Executive Action on Student Loans to Trump’s Executive Action on Immigration

Three years ago, Chief Justice John Roberts wrote a majority opinion blocking the Trump administration from unilaterally rescinding the Deferred Action for Childhood Arrivals, or DACA, program. The manner in which the Trump administration took that particular executive action, Roberts held in Department of Homeland Security v. Regents of the University of California, “was arbitrary and capricious” and exceeded the executive branch’s lawful authority.

The U.S. Supreme Court heard oral arguments yesterday in another far-reaching case about executive power. And unfortunately for the current presidential administration, the chief justice apparently sees a close resemblance between yesterday’s case and his 2020 ruling against former President Donald Trump.

Yesterday’s case was Biden v. Nebraska. At issue is President Joe Biden’s 2022 use of executive authority to cancel up to $10,000 in student loan debt for every borrower who earns less than $125,000 a year while canceling up to $20,000 for every borrower who took out a Pell Grant and earns less than $125,000 a year.

According to “your view,” the chief justice told Solicitor General Elizabeth Prelogar, “the president can act unilaterally” and “there was no role for Congress to play in this either.” Roberts seemed to have a problem with that view. “We take very seriously the idea of sepa