A coalition of 11
Republican attorneys general has sued the Biden administration in a bid to block President Joe Biden’s latest student loan forgiveness scheme, arguing it’s illegal because
Congress didn’t approve it. “A coalition of States sues Defendant Biden, as well as co-defendants the Department of Education and Secretary of Education Miguel Cordona, to stop a second attempt to avoid Congress and pass an illegal student debt forgiveness,” the complaint reads. In the summer of 2023, the
Supreme Court blocked President Biden’s plan to cancel $430 billion in student loan debt for some 43 million Americans, protecting taxpayers from having to foot the bill and delivering a blow to one of the president’s campaign promises. “Just ten days after the Supreme Court’s rebuke, Defendants released a Rule purporting to abolish at least $156 billion in student debt, with at new ‘SAVE Plan’ as its centerpiece,” the complaint reads. Kansas Attorney General Kris Kobach, whose office is leading the lawsuit, said at a press conference on Thursday that the new forgiveness scheme is nominally smaller but that this could change once it goes into effect. The complaint also alleges that the Biden administration is exceeding its authority because it’s implementing the scheme without congressional approval. It argues that if the Biden administration can cancel debt by defining the terms of income-driven repayment plans by executive action, it opens the door to a much bigger debt forgiveness program. “The authority that Defendants claim now lacks any substantive limits and amounts to claiming that they can abolish all student debt at any time by rulemaking alone,” the complaint reads. “Indeed, as the Defendants scrape ever deeper into the barrel for legal pretexts to abolish student debts, the illegality of those artifices becomes more obvious,” it adds. The Kansas-led lawsuit is backed by the attorneys general af
Alabama, Alaska, Idaho, Iowa, Louisiana, Montana, Nebraska, South Carolina,
Texas, and
Utah. Missouri attorney general Andrew Bailey praised the initiative and said his state would be leading another multi-state coalition against the Biden administration’s student debt forgiveness in the coming days. Missouri led the coalition that successfully sued the Biden administration over its first debt-cancellation plan. “The Supreme Court of the
United States blocked me, but they didn’t stop me,” he continued, saying he “found another way” to continue canceling student debt, while falsely claiming that the various forgiveness schemes were “not costing people” anything. This later led to the August 2023 announcement of the SAVE Plan.