A group of Wisconsin taxpayers Wednesday filed an emergency appeal to the US Supreme Court to temporarily block the Biden administration’s student loan forgiveness program. The writ was filed explicitly to Justice Amy Coney Barrett.
The Brown County Taxpayers Association argued that the Biden administration’s program has “no legal justification” and is an “assault on our separation of powers.” Specifically, the group asked for an injunction from the Supreme Court. An injunction pending appellate review is warranted when an applicant demonstrates they are likely to prevail on their claims, and denying the injunction would lead to irreparable injury. At the same time, the applicant must prove that granting relief would not harm the general public.
At issue is the Biden administration’s student loan forgiveness program, which is set to go into effect this weekend. The Biden administration relied on the Higher Education Relief Opportunities for Students Act of 2003 (Heroes Act) to authorize the debt forgiveness. The act provides that the Secretary of Education may “waive or modify any statutory or regulatory provision applicable to” federal student loan programs if the Secretary “deems” such actions “necessary to ensure that” certain statutory objectives are achieved. The administration argues that these objectives are broad enough to encompass the student loan forgiveness program.
The Brown County Taxpayers Association, however, asserted that the act was passed to support the “men and women of the United States military” and does not allow broad student loan forgiveness for anyone “who suffered financial hardship because of COVID-19.”
In the emergency appeal, the taxpayers argued they are likely succeed on their claims that the plan exceeds the Biden Administration’s constitutional and statutory authority. Additionally, the taxpayers claim that the Biden administration cannot point to any clear congressional authorization for the debt forgiveness program.
Other states have sued President Joe Biden over the plan already. The application for student loan forgiveness officially opened Monday.
