Three red states have petitioned the Supreme Court to step in and halt President Biden’s latest student loan forgiveness program that aims to alleviate nearly $500 billion from borrowers.
In a petition Tuesday, the states argued the court should lift the 10th U.S. Circuit Court of Appeals stay of an injunction that a lower court had granted.
The 10th Circuit’s move let the administration start implementing part of its forgiveness agenda by lowering monthly payments.
Texas, South Carolina and Alaska argue the Biden administration is trying to skirt around the high court’s prior ruling rejecting the president’s attempt to forgive student loans.
“This current attempt to unilaterally cancel debt is every bit as unlawful as the first 12-digit effort this court rejected,” they wrote.
Lower courts in Kansas and Missouri sided with states against the president’s newest move, issuing an injunction against parts of its implementation.
But the feds took the Kansas decision to the 10th Circuit, which lifted that injunction, giving the administration a partial green light to start advancing.
This prompted the three states to go to the high court even as the litigation is pending on the merits at the 10th Circuit.
They want the justices to block any moves to forgive borrowers as the litigation continues on the merits.
At issue is the feds’ Savings on Valuable Education plan.
Under the latest rule revision, several changes would be made for student loan borrowers to shield more of an individual’s income that is calculated when determining monthly payments, lower the number of years for a borrower to qualify for loan forgiveness and shield the borrower from part of the accused interest.
The Supreme Court shut down a prior attempt by Mr. Biden in 2022 to alleviate student loan debt, ruling the feds couldn’t forgive some borrowers’ loans for people making under $125,000 or $250,000 as a married couple.
The high court’s 6-3 ruling said the executive branch — specifically, the secretary of education — doesn’t have the authority to waive student debt.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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