What's Next in the Fight Over Student Loan Forgiveness

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Legal experts are skeptical that current challenges will ultimately prevail in court—but it only takes one victory to throw a wrench in the student loan forgiveness program

“It shows you how eager and, in some cases, desperate these borrowers are to get this relief,” says Hounanian, executive director of the Student Debt Crisis Center, a nonprofit that advocates against student loan debt. “And you can count me as one of them. I was very excited.”, as a federal appeals court considers one of several legal challenges brought against the Biden Administration’s policy, which will affect 40 million borrowers.

“I think this is the case that is most likely to get the farthest of all the lawsuits that have been brought,” says Tara Grove, a University of Texas School of Law professor who focuses on the federal judiciary and separation of powers. “And even this one, I think, is a stretch under current case law.”

The stay came after the states appealed a decision on Thursday by U.S. District Judge Henry Autrey, who dismissed the lawsuit. Autrey said the states had presented “important and significant challenges to the debt relief plan,” but lacked legal standing because the program’s “effect upon future taxation is uncertain.” Legal standing means that a plaintiff must have suffered a concrete, imminent injury in order to bring a lawsuit.

 

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They are absolutely not. This is fake news. It’s extremely susceptible to legal challenges on multiple fronts. It was a pr stunt, not a real bailout. Was never going to pass thru the courts.

It’s ILLEGAL. Can’t just do crap with an Executive Order. The LAW is the wrench. Congress has to pass a bill to spend taxpayer money. Biden said “pandemic is over” which means there’s ZERO emergency power for this sickening theft.

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