Recall that even Nancy Pelosi said that it was illegal.
I’m glad that the PLF has filed a lawsuit.
The Pacific Legal Foundation filed suit on Tuesday against the Biden administration for its policy to cancel up to $10,000 in student debt for millions of borrowers.
The group argued in a complaint that President Joe Biden’s use of the HEROES Act, a 2003 law meant to aid Iraq War veterans and their families, as justification for the move occurred with “breathtaking informality and opacity.” Frank Garrison, a public defense attorney at the Pacific Legal Foundation and the plaintiff in the lawsuit, will personally face a tax liability from the state of Indiana due to the cancellation of his debt.
“Congress did not authorize the executive branch to unilaterally cancel student debt,” Pacific Legal Foundation attorney Caleb Kruckenberg said in a statement. “It’s flagrantly illegal for the executive branch to create a $500 billion program by press release, and without statutory authority or even the basic notice and comment procedure for new regulations.”
The student loan cancellation plan applies to individuals earning less than $125,000 annually. Biden also decided to extend the pause on federal student loan repayment to January 2023 and will permit borrowers with undergraduate loans to cap payments at 5% of monthly income.
The complaint added that the Department of Education failed to comply with the “notice-and-comment process required for rulemaking” when charting the debt cancellation policy and did not “solicit any public input.”
“Cancelling student debt is unjust to those who have paid their loans or never took any. It will only lead to more calls for government intervention in education at taxpayers’ expense,” Pacific Legal Foundation senior attorney Steve Simpson added. “Loan cancellation will make Americans more divided, as those who paid their loans — or never went to college — will have good reason to think that we no longer have a government of, by, and for the people.”
https://www.dailywire.com/news/flagrantly-illegal-lawsuit-hits-biden-over-student-debt-cancellation