The Supreme Court debated the legality of the Biden Administration’s plan to wipe out $400 billion of student debt this Tuesday, and it appears that the justices are reluctant to go along with the plan, which could mean tens of millions of borrowers will still be carrying the burden of their debt.

Chief Justice John G. Roberts Jr. argued that the administration lacked the proper congressional authorization to put forth one of the most expansive executive plans in U.S. history. Other members of the conservative majority invoked the “major questions doctrine”, which requires massive government initiatives with profound economic implications to be clearly authorized by Congress.

However, the three liberal members of the court indicated that Congress had already granted the authority via the Higher Education Relief Opportunities for Students Act of 2003. The “HEROES Act” permits the secretary of education to take action in times of emergency