borrowers, as the supreme court decides whether a program eliminating up to $20,000 in debt per borrower can go into effect. to provide a measure of loan forgiveness to make sure that this unprecedented pandemic does not leave borrowers worse off in relation to their loans. reporter: the biden administration is defending their student loan program, arguing it is necessary in the wake of the covid pandemic. but the conservative justices repeatedly zeroed in on the program s $400 billion plus price tag to question whether the president by way of his education secretary has the power to enact this kind of relief. i think most casual observers would say if you re going to give up that much amount of money, if you re going to effect the obligations of that many americans on a subject that s of great controversy, they would think that s something for congress to act on. reporter: the solicitor general responded that federal law allows for the education secretary to waive or modify lo
executive branch. here s the chief justice on that point. i think most casual observers will say if you re going to give up that much, amount of money, if you re going to affect the obligations of that many americans on a subject that is of great controversy, they would think that is something for congress to act on. deal with congressional statutes every day that are confusing. this one is not. justice kagan says congress has acted. you heard the chief talking about that. she says they have acted. we re worried about the abuse of executive power but the language is clear. the critics say not so much, martha. martha: fascinating. shannon, thanks very much. let s bring in marc thiessen, former speechwriter for george w. bush and fox news contributor. mark, always good to have you with us. great to be here. martha: when we talk about, this i m reminded of elizabeth warren in new hampshire.
for congress to act on. reporter: but liberal justices said the law gave the administration power to act during national emergencies like covid. there are 50 million students who will benefit from this, who today will struggle. reporter: but the republican leaders who are fighting to stop the biden plan say all of that debt cancellation will cost their states money. decision in this case is expected by the end of june. norah? norah: many people watching that. jan crawford, thank you so much. tonight, the faa has launched an investigation into yet another near collision of two aircraft, this one at both boston logan international airport. cbs s lilia luciano reports, the fifth such incident this year. reporter: another close call at one of the nation s major airports. this one between a jetblue commercial plane, only moments away from landing in boston, when a private jet passed onto
justice gorsuch, for one, asking, is it fair for those who paid back their debt already or who never borrowed in the first place? abc s terry moran has covered the supreme court for years for us. reporter: overnight, they lined up in the cold rain outside the supreme court. a few of the millions of americans whose financial futures may depend on this case. but inside, the supreme court s conservatives clearly signaling that they think president biden has gone too far with his $400 billion student loan forgiveness plan, and that congress must approve such huge sums. i think most casual observers would say, if you are going to give up that much amount of money, if you are going to affect the obligations of that many americans on a subject that s of great controversy, they would think that s something for congress to act on. reporter: the biden plan cancels $10,000 in federal student loan debt for those making less than $125,000, and another $10,000 for some lower-income borrowers.
this unhinged supreme court can make these decisions but we are not going anywhere. the president of the united states that i hope can hear me does have the legal authority to cancel debt. jeanine: but it is going to be an uphill battle. biden s legal argument is drawing some skepticism from the chief justice. i think most casual observers would say, if you are going to give up that much amount of money, if you are going to affect the obligations of that many americans on a subject that is of great controversy, they would think that is something for congress to act on. jeanine: the biden administration claims the student debt giveaway is no different than the government bailing out businesses during the pandemic. and that teachers happy union boss agrees. during the pandemic, we understood that small businesses were hurting. and we helped them. and it did not go to the supreme court to challenge it. all of a sudden, when it is about our students, they