The recent WV vs. EPA ruling limits federal agencies ability to exceed the power specifically granted to them in cases where it could be considered an “extraordinary case” of “political and economic significance,” where an agency makes “unheralded” use of its authority. If that's the case, then the agency must be able to point to a “clear statement” from Congress authorizing its action.
Given the initial intent of the HEROES Act, it's hard to see how there would be such a "clear statement" permitting the cancellation of student debt for several million people with no connection to the military, nor in a time of war. It also seems a stretch at this point to consider us in a state of "national emergency" over the covid pandemic.
Could such a lack of specificity prevent the Biden Administration from using the HEROES Act to cancel student debt across such a broad range of people?