ABC News reports that President Joe Biden has just asked the U.S. Supreme Court to allow his student loan handout to go forward.
Biden and his administration have specifically asked the justices of the Supreme Court to lift a nationwide injunction that has been implemented that stops Biden from moving forward with the student loan handout while its legality is being litigated.
The preliminary injunction was doled out on Monday by the 8th Circuit Court of Appeals.
Biden's student loan handout - in which he is trying to unilaterally cancel a staggering amount of federal student loan debt using nothing more than executive action - is facing numerous legal challenges, including one challenge from a group of six-Republican led states. These states argue that Biden and his administration don't have the constitutional authority to do what they are trying to do.
This case was initially tossed out at the district court level on technical grounds. The Republicans, however, appealed the matter. And, on Monday, the 8th Circuit disagreed with the district court's ruling and granted the Republicans' request for a preliminary injunction.
After the 8th Circuit's ruling, the Biden administration made it clear that it was going to appeal the decision, and this is what it has done.
The Biden administration is arguing that Education Secretary Michael Cardona does have the authority to carry out Biden's student loan handout under the HEROES Act that was passed during the coronavirus pandemic. We'll see if the Supreme Court is willing to entertain this argument.
It ought to be noted that none of these rulings has to do with the merits of the case, that is, with whether the student loan handout is or is not constitutional. The question is still being litigated.
The one ruling that we have gotten on the merits comes from a different challenge that is taking place in Texas. There, U.S. District Judge Mark Pittman has struck down Biden's student loan handout, ruling that it is unconstitutional.
Whether the Program constitutes good public policy is not the role of this Court to determine. Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States.
The Biden administration is also appealing this ruling.
Experts believe that Biden's best chance of overcoming these legal challenges is on technical grounds - that if the case is heard on its merits, Biden will lose. More and more, it is looking like an uphill battle for Biden and his student loan handout.