(TotalConservative.com) – The Department of Justice submitted a brief to the Supreme Court on January 4th defending the Biden administration’s loan forgiveness program. Two challenges are being heard by the court this year, one from Missouri and another from Texas. Both cases challenge the constitutional authority of the president to enact the program which is expected to cost taxpayers half a trillion dollars.
The DoJ is claiming that the legal challenges to the program could place Americans in financial distress as loan payments are expected to resume this month after years of pandemic-related grace on interest and repayments. “The Eighth Circuit’s erroneous injunction leaves millions of economically vulnerable borrowers in limbo…” the appeal stated.
The Texas ruling struck down Biden’s program based on the argument that plaintiffs were denied due process under the Administrative Procedures Act which grants the right to object during a specific period of time.
U.S. District Judge Mark Pittman wrote, “no one can plausibly deny that it is one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority…” in his November 10th ruling.
Missouri was first with the backing of other states like Arkansas, Kansas, Nebraska, South Carolina, and Iowa to claim the Department of Education lacks the authority to enact the program as the amount of money involved requires congressional approval.
The initiative will cancel up to $20,000 for Pell Grant recipients, and $10,000 for others who borrowed through the government’s student loan programs. Estimates for the cost of the program range from $400-500 billion dollars.
“This Court should vacate, or at minimum narrow, the injunction pending appeal entered by the court of appeals,” Biden’s DoJ argued in their Wednesday filing. If refused, the letter asks for an accelerated timetable so that the case can be argued before the SCOTUS as soon as possible.
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