Biden isn’t going to be happy about this.
Seven states, spearheaded by Missouri Republican Attorney General Andrew Bailey, have taken legal action against President Joe Biden, Education Secretary Miguel Cardona, and the U.S. Department of Education regarding the SAVE income-driven repayment student loan initiative. Joining Missouri in this lawsuit are Arkansas, Florida, Georgia, North Dakota, Ohio, and Oklahoma.
Bailey asserted that President Biden’s initiative seeks to impose a substantial burden of college debt, amounting to half a trillion dollars, on the working population of Missouri. He contends that such actions by the president exceed constitutional bounds, emphasizing that only Congress possesses the authority to enact widespread student loan debt cancellation.
President Biden, during a recent visit to Wisconsin, outlined a proposal aimed at alleviating debt for over 30 million Americans. This proposal comes after the Supreme Court rejected a previous attempt by Biden to enact mass student loan cancellation. The initial plan, estimated to cost $400 billion, aimed to erase $10,000 of debt for borrowers earning up to $125,000 annually, with an additional $10,000 for those who received federal Pell grants. However, the Supreme Court ruled against this plan, citing presidential overreach.
The new initiative relies on a different legal basis, invoking the Higher Education Act, which grants the secretary of education authority to waive student loan debt under certain circumstances. The Education Department is currently undergoing a rulemaking process to clarify the conditions under which this authority may be exercised.
The White House maintains that President Biden’s actions aim to rectify the flaws in the student loan system, ensuring that higher education serves as a pathway to the middle class rather than a barrier. However, Bailey views Biden’s efforts as a violation of constitutional principles, designed to advance his political agenda at the expense of the American people.
The lawsuit contends that the Supreme Court’s previous ruling against Biden’s attempt to shift the burden of student loan debt onto other sectors of society highlights the unconstitutionality of his current endeavor. Despite the Supreme Court’s rejection, President Biden remains steadfast in his pursuit of student loan cancellation, as evidenced by his recent statements.
In March, eleven states, led by Kansas Attorney General Kris Kobach, filed a similar lawsuit, arguing that the new plan mirrors Biden’s previous unsuccessful attempt at loan cancellation, which the Supreme Court invalidated in June 2023. Alabama, Alaska, Idaho, Iowa, Louisiana, Montana, Nebraska, South Carolina, Texas, and Utah joined Kansas in the previous legal challenge.