Uh, on what basis? There is no size provision in the text. You’re advocating the court should assume congressional intent when they really should not, even though it is likely they did not envision the scope of something like what Biden did.
And I totally get well the Supreme Court can do whatever it wants. But seriously on what legal basis are you relying on, or is this just a guess of what they will do?
I have not read the entire HEROES act so I will refrain from giving any detailed opinion but all I said is I could see the SC saying Biden did not have the authority through the DoE to simply wipe out a broad sepctrum of student loans when the act was for exclusions for specific candidates who met certain criteria.
If I understand correctly Biden waived debt for anyone making under a certain income level. If that was the only requirement then it is pretty arbitrary because then it is not within the HEROES act intent.
This article highlights some of the wide issues that make Biden's actions questionable:
https://thecollegeinvestor.com/35892/is-student-loan-forgiveness-by-executive-order-legal/
Biden wanted to waive all debt obligations across the board rather than have any specific program authorized under any statute.... this is where the debate centers.