As discussed here, on November 18, the Biden administration filed an application with the U.S. Supreme Court to vacate the Eighth Circuit injunction temporarily pausing the administration’s student loan forgiveness program. In its application, the administration requested that the Court either vacate the injunction, or, in the alternative, to construe the application as a petition for writ of certiorari before judgment, grant the petition, and set the case for an expedited briefing and argument still this term. Yesterday, the Supreme Court announced it will hear full arguments on the six-state challenge to the debt relief program this February. The court’s decision to defer consideration of the appeal until the February session means the Eighth Circuit’s nationwide injunction will remain in place.

On November 22, the administration announced it would be extending the student loan repayment pause, which was set to expire at the end of the year. Student loan payments are now set to resume 60 days after the debt cancellation program is implemented, 60 days after the lawsuits are resolved, or 60 days after June 30, if litigation fails.

Troutman Pepper will continue to monitor this case for future developments.