Legal
Biden Admin Asks SCOTUS To Allow Student Loan Forgiveness Plan To Resume
On Friday, Democrat President Joe Biden’s administration asked the Supreme Court to allow his student loan forgiveness plan to resume after multiple federal courts ruled the plan was unlawful.
In response to the Eighth Circuit Court of Appeals ruling that Biden’s student loan forgiveness plan was unconstitutional, U.S. Solicitor General Elizabeth B. Prelogar told the Supreme Court in a filing that the “Eighth Circuit’s erroneous injunction leaves millions of economically vulnerable borrowers in limbo, uncertain about the size of their debt and unable to make financial decisions with an accurate understanding of their future repayment obligations.”
“If the Court declines to vacate the injunction, it may wish to construe this application as a petition for a writ of certiorari before judgment, grant the petition, and set the case for expedited briefing and argument this Term to avoid prolonging this uncertainty for the millions of affected borrowers,” Prelogar added.
On Monday, the Eighth Circuit Court of Appeals ruled that Biden’s student loan forgiveness plan was unconstitutional.
“The ruling from the 8th Circuit Court of Appeals comes in response to a lawsuit jointly filed six Republican-led states that argued the Biden administration was overstepping its executive powers,” CBS News reported. “It marks the second court ruling blocking the White House’s debt-relief program since a federal judge in Texas on Thursday blocked the program and declared it ‘unlawful.’”
The Biden administration had appealed the original ruling from U.S. District Judge Mark Pittman in Texas, who said the student loan forgiveness plan is “one of the largest exercises of legislative power without congressional authority in the history of the United States.”
“In this country, we are not ruled by an all-powerful executive with a pen and a phone,” Pittman continued. “Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government … The Court is not blind to the current political division in our country. But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved. And having interpreted the HEROES Act, the Court holds that it does not provide ‘clear congressional authorization’ for the Program proposed by the Secretary.”
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