The first challenge to Joe Biden’s student loan forgiveness plan to reach the Supreme Court was filed by the Brown County Taxpayers Association, which is being represented by the Wisconsin Institute for Law and Liberty.
The group had previously asked two lower courts to intercede and block Biden’s student loan giveaway but had been turned down both times.
The taxpayer group filed its motion on an emergency basis since the loan forgiveness program opened on Monday. It’s possible that Justice Amy Coney Barrett, who has jurisdiction over the lower court that ruled on the case, will issue a stay so that the entire court can hear the matter.
In the new filing with the Supreme Court, lawyers for the group argued that the implementation of the program would be a “staggering blow” to the US Treasury and taxpayers.
“We are witnessing a gargantuan increase in the national debt accomplished by a complete disregard for limitations on the constitutional spending authority,” they wrote.
The Biden administration argues that Congress gave the secretary of education the power to discharge debt in a 2003 law known as the HEROES Act.
The independent Congressional Budget Office has estimated that Biden’s student loan forgiveness program could cost $400 billion.
Joe Biden’s unconstitutional debt forgiveness plan is also being challenged by six Republican states on the grounds that he didn’t have the authority to cancel the debt but, more importantly, that the states would be injured if the plan is allowed to go through.
The states have argued that the Biden administration does not have the legal authority to grant broad student loan forgiveness.
The states also claim that the policy would hurt them financially, as well as the revenues of a student loan servicer based in Missouri known as MOHELA.
The loan forgiveness policy creates an incentive for borrowers to consolidate Federal Family Education Loans owned by MOHELA into Direct Loans owned by the government, “depriving them (MOHELA) of the ongoing revenue it earns from servicing those loans,” according to the lawsuit.
Even rabid Biden supporters believe the president does not have the authority to cancel so much debt. But what we’re going to find going forward is that the merits of the arguments aren’t as important as the nature of the plaintiff’s “standing” to sue. Unless the Wisconsin group can prove they it be personally injured by the debt forgiveness plan, the Supreme Court is likely to toss the case out.
Joe Biden has a long way to go before his debt forgiveness plan is activated. He may even be out of office by then. Unless Congress can step in and put a stop to this unconstitutional nonsnce, the program is likely to continue.
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