WTF still stands on Biden v. Nebraska, but perhaps a bit tempered.
Even if you allow for MOHELA's standing, "waive or modify" in §1098bb(a)(1) sounds pretty clear. Even if you accept the majority's argument that
modify “carries “a connotation of increment or limitation,” and must be read to mean “to change moderately or in minor fashion,”” the opinion syllabus reads as if the program fell on the forgiveness criteria.
It seems that you can either waive the loans in their entirety or make small changes, but not both; that the Secretary of Education can make small changes to existing provisions, and he can waive the provisions entirely, but he can't waive provisions with conditions since that is now "adding" to the provisions and not modifying.
It's such a nitpick of a technicality, and IMO a distinction without a difference. To put in terms I'm more familiar with, Nehrim is a total conversion of The Elder Scrolls IV: Oblivion. It basically rewrites the base game entirely, keeping only the game engine, but it's technically also a modification of Oblivion. I can understand that Congress probably didn't intend the Secretary to turn the HEROES Act into a constitution for his own personal kingdom, but come on! Debt forgiveness in response to a national emergency clearly sounds intended.
EDIT:
One of the "fun" things with this one is that apparently a great deal of the case was based on shit that was just outright fabricated. Details on that one seem to be pretty fucked up, which makes it entirely unsurprising it was a 6-3 party line ruling.
Eh, I'll chalk that one up to Colorado not doing their homework and getting it on the record in the district court. This was not brought up as a original jurisdiction case, so SCOTUS is a trier of law here and not the trier of facts. That, and there's still the chilling effect to be used as standing.