By misstating the holding of SFFA in a recent dear colleague letter, the Department of Education has created a gap between what the law requires and the agency’s interpretation of the law. This gap, in addition to inviting anticipatory overcompliance, risks giving rise to inconsistent policies at different colleges and universities.

Four Supreme Court decisions concerning the power of the administrative state have left agencies increasingly vulnerable to attack. Each decision is significant on its own, but together they underscore the precarious position of agency action today.

Despite the outsized attention afforded to a handful of elite, private colleges, most students attend public institutions within 50 miles of their home. The recent curriculum wars in different states, as well as disparities in state-level funding, mean that where one lives will play an increasingly important role in both the accessibility and content of higher education.

Louise Seamster, Blake Emerson, Marshall Steinbaum, Ryann Liebenthal, Jonathan Glater, Persis Yu, and Luke Herrine offer their initial reactions to the Supreme Court's invalidation of the Biden administration’s student debt cancellation program.