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States sue Biden over student loan forgiveness

Republican-led jurisdictions join private borrower in court claims citing tax losses and other harms from $300 billion giveaway

Published on
September 30, 2022
Last updated
October 3, 2022
Student loan debt US
Source: iStock

Six Republican-led US states have filed a聽lawsuit against the Biden administration over its聽student loan debt forgiveness plan, calling it an聽unfair subsidisation of聽college by聽other Americans.

The states acted one month after President Joe Biden announced more than $300聽billion (拢270聽billion) in聽student debt relief for more than 43聽million borrowers, ending a prolonged political debate over whether he would meet a聽2020 campaign promise to聽do聽so.

Legal challenges were expected, given that Mr Biden acted without the explicit approval of Congress, relying instead on his interpretation of a post-9/11 law allowing a US president to reduce or erase student loan debt during a national emergency.

Opponents have disputed that rationale, saying 鈥 the Covid-19 pandemic 鈥 is no聽longer considered a national emergency.

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The lawsuit, , was led by the attorney general of Arkansas, Leslie Rutledge, and joined by her counterparts from Iowa, Kansas, Missouri, Nebraska and South Carolina.

Mr Biden鈥檚 鈥渦nlawful political play puts the self-wrought college-loan debt on the backs of millions of hard-working Americans who are struggling to pay their utility bills and home loans鈥, Ms聽Rutledge said in .

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It was filed one day after a conservative public interest law firm, the Pacific Legal Foundation, brought a . That was cheered by congressional Republicans making similar promises of protecting taxpayers.

鈥淢illions of hard-working taxpayers will be forced to shoulder the financial burden of this scheme if it is not stopped,鈥 the top-ranking Republican on the Education Committee in the US聽House of聽Representatives, Virginia Foxx, the Pacific Legal Foundation鈥檚 action.

Such lawsuits had been delayed since the Biden announcement, experts said, by the need to find plaintiffs who could argue in court that they have suffered harm. The Pacific Legal Foundation , Frank Garrison, who is still paying off his own student loans.

Mr Garrison is enrolled in a federal programme that forgives student loan debts for workers in public-service jobs after 10聽years of聽payments and that does not incur federal or state tax obligations on the benefits. He bases his claim of harm on the fact that the Biden plan could create tax obligations for borrowers in several states. Opponents have noted, however, that Mr Garrison is not obliged to switch programmes.

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The six states, in their case, claim several losses on behalf of their citizens, including the lost tax revenue that will result from lower amounts of outstanding student loan debt, and expected lower revenues in their own student loan servicing operations.

Beyond those legal complications, the Biden administration heads into the November congressional elections with a聽host of lingering doubts over the political wisdom of its approach, with even some fellow Democrats questioning whether broad debt forgiveness is fair to those most in need. The Biden policy has partial sensitivity to wealth, providing between $10,000 and $20,000 per person in student debt forgiveness, limited to borrowers now earning less than $125,000 a聽year.

There is also debate over the policy鈥檚 actual cost. The Biden administration announced it as $300聽billion, but the non-partisan Congressional Budget Office putting the figure at about $400聽billion.

The Biden administration that student loan cost estimates rely on 鈥渉ighly uncertain assumptions鈥 about a number of factors including borrower behaviour.

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paul.basken@timeshighereducation.com

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