Double Blow to Biden's Unconstitutional Student Loan Forgiveness Scheme

AP Photo/Susan Walsh

Two temporary injunctions were filed on Monday against President Biden's student loan forgiveness plan. 

Two federal judges agreed with some red states that only Congress is authorized to erase student debt. Biden's latest student loan cancellation scheme is part of the Saving on a Valuable Education (SAVE) repayment program. The new plan was set to take effect on July 1. 


This is a win for Kansas and Missouri, the two states that led the lawsuits filed by multiple states to prevent the plan from going into effect this spring. The preliminary injunctions put the plan on hold. 

Biden knows his blatant sop to young voters in an election year is unconstitutional. He brags about working around the Supreme Court's ruling against it. Biden is transferring student debt repayments from students who took out the loans to taxpayers. The loan debt doesn't magically disappear. Ordinary taxpayers are on the hook. The Kansas lawsuit stated that SAVE would transfer $156B in student loan debt to taxpayers. Missouri's lawsuit claims that taxpayers would be on the hook to the tune of $475B over the next 10 years.

In Kansas, U.S. District Judge Daniel Crabtree ruled in a lawsuit filed by the state’s attorney general, Kris Kobach, on behalf of his state and 10 others. In his ruling, Crabtree allowed parts of the program that allow students who borrowed $12,000 or less to have the rest of their loans forgiven if they make 10 years’ worth of payments, instead of the standard 25.

But Crabtree said that the Department of Education won’t be allowed to implement parts of the program meant to help students who had larger loans and could have their monthly payments lowered and their required payment period reduced from 25 years to 20 years.

In Missouri, U.S. District Judge John Ross’ order applies to different parts of the program than Crabtree’s. His order says that the U.S. Department of Education cannot forgive loan balances going forward. He said the department still could lower monthly payments.

Ross issued a ruling in a lawsuit filed by Missouri Attorney General Andrew Bailey on behalf of his state and six others.


Kris Kobach celebrated the temporary victory. 

What a mess. The courts are cobbling together rulings to stop programs that Biden knows are unconstitutional. He is bypassing Congress in an aggressive action during hi re-election campaign. Everything Biden does is through a political lens, not a constitutional or legal lens. He is losing support from young voters and this is his way of buying their support. Loan forgiveness hasn't shown that the needle is moving so far. 

The communications director for Rep. Kaptur posted on X that his loan debt was zeroed out and he thanked President Biden. He quickly learned he should have thanked the American taxpayers instead of Biden. The average salary for that position is $96,000 a year. Ben Kamens has since taken that tweet out of the public's view. 

To make the situation worse for Kamens, he carelessly exposed his home address in his tweet. Turns out he lives in a nice house. Shouldn't a comms guy be a little more detailed oriented in, you know, communicating? 


Oh well. He should be embarrassed to be mooching off taxpayers but he isn't. He thinks he was helping Biden get re-elected. 

The Supreme Court previously ruled against Biden's student loan forgiveness scheme by a vote of 6-3. Yet, he persists. This will likely end up in the Supreme Court, too. 

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