Page:Department of Education v. Brown.pdf/2

2 rejected their argument regarding the scope of the HEROES Act’s procedural exemptions, but nevertheless vacated the Plan as substantively unauthorized. This Court granted certiorari before judgment to consider this case alongside Biden v. Nebraska, No. 22–506, which presents a similar challenge to the Plan.

(1) Significantly, respondents are not claiming that they are injured by not being sufficiently included among the Plan’s beneficiaries: They think the Plan is substantively unlawful and instead seek debt forgiveness under the HEA. But a decision regarding the lawfulness