Appeals Court Temporarily Blocks Biden’s Student Loan Forgiveness Program

the staff of the Ridgewood blog

Ridgewood NJ, the Eighth Circuit Court of Appeals granted an administrative stay against canceling any debt under President Joe Biden’s federal student loan forgiveness program Friday.

The Court of Appeals made the order at plaintiffs’ request over Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina’s lawsuit, which argues the Biden administration’s mass debt cancellation effort is unconstitutional. The court set the stay to expire when it rules on an injunction against the cancellation policy, giving the administration until Monday at 5 p.m. CT to respond.

The program is meant to forgive $10,000 of individuals’ federal student loan debt if their annual income is under $125,000 and up to $20,000 for Pell Grant recipients. Biden claimed Friday that over 20 million people had already submitted information for student debt relief consideration.

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213013P.pdf     10/21/2022  State of Missouri  v.  Joseph Biden, Jr.
   U.S. Court of Appeals Case No:  21-3013
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Kelly, Circuit Judge, and Menedez, 
   District Judge] 
   Civil case - Administrative Procedure. Thirteen states filed this action 
   seeking injunctive and declaratory relief and challenging Executive Order 
   13990 reestablishing the Interagency Working Group on the Social Costs of 
   Greenhouse Gases (IWG), thereby revoking President Trump's Executive Order 
   13783 disbanding the IWG. The district court did not err in concluding the 
   States lack Article III standing and that the claims were not ripe for 
   review; the States failed to plausibly allege the irreducible 
   constitutional minimum of Article III standing - concrete and 
   particularized actual injury in fact that is fairly traceable to the 
   defendants' alleged conduct, publication of interim estimates of the 
   social costs of greenhouse gas emissions; the States' generalized 
   grievance on how the current administration is considering the social 
   costs fails to meet the standard of Article III pleading.

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