Student debt forgiveness: Texas court strikes down Biden's plan

2 years ago 27
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Photo of US President Joe BidenImage source, Getty Images

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US president Joe Biden's plan cancels up to $10,000 (£8,514) in federal student loans for Americans who earn less than $125,000 each year

A judge in Texas has ruled that US President Joe Biden's student loan forgiveness plan is illegal.

In a ruling filed on Thursday, US District Judge Mark Pittman wrote that the plan was unlawful because it overstepped the power of Congress.

The ruling blocks debt relief for 26 million Americans who have applied to the programme - 16 million of whom have already been approved.

The White House said it disagreed with the ruling and has filed an appeal.

First introduced in August, Mr Biden's plan pledged to cancel up to $10,000 (£8,514) in federal student loans for Americans who earned less than $125,000 each year.

He also said the plan would forgive $20,000 of debt for students on Pell Grants, which applies to those in greatest financial need.

The plan has been met by several legal challenges, including a lawsuit by Arizona's attorney general who argued it would harm the state and its economy.

In Texas, two students who are not eligible for debt relief also filed a lawsuit against the plan, claiming it left out many borrowers who were not given a chance to voice their concerns before the programme came into effect.

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US midterms: Can student debt forgiveness make a difference?

Judge Pittman, who was appointed by former US President Donald Trump, agreed with them in his ruling, writing that the Biden administration did not consult lawmakers before passing the plan.

"In this country, we are not ruled by an all-powerful executive with a pen and a phone," Judge Pittman wrote. "Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government."

White House Press Secretary Karine Jean-Pierre said in a statement that opponents of the student debt relief plan were "backed by extreme Republican special interests".

She added that the US Department of Education would keep the information of applicants on file so their debt can be forgiven quickly "once we prevail in court".

In his ruling, Judge Pittman said the court is not commenting on whether the plan is "good public policy" - but rather if it is legal.

"The Court is not blind to the current political division in our country," he said. "But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved."

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