The Pacific Legal Foundation filed an emergency application to block President Joe Biden's plan to forgive up to $20,000 in student loans, the Daily Wire reported. The nonprofit is hoping Tuesday's filing with the Supreme Court will stop further implementation before the matter is fully litigated.
Biden attempted to give a handout to student loan borrowers ahead of the midterm elections. This disastrous policy may be dead in the water -- for now.
With little more than the stroke of a pen, Biden attempted to erase $500 billion in student debt. Some applicants would receive $10,000, with Pell Grant recipients eligible for up to $20,000.
Biden used the 2003 HEROES Act, which was meant for financial relief for veterans of the Iraq War and their families, to push through student debt forgiveness. Last month, he boasted that about 22 million people were already lining up for debt relief based on his decree.
"My commitment when I ran for President of the United States: that if I was elected, I'd make the government work and deliver for the people," Biden said at a Delaware State University speech. "A simple application process keeps that commitment, just as I'm keeping my commitment to relieve student debt as borrowers recover from the economic crisis caused by the once-in-a-lifetime pandemic."
The legal document filed by Pacific Legal Foundation contends that such a sweeping program implemented without Congressional approval might "invite similar mischief from future administrations on myriad other issues." This raised further legal concerns.
Pacific Legal Foundation attorney Caleb Kruckenberg called Biden's program "lawless action" in a news release about the legal challenge. "The administration is attempting to erase half a trillion dollars in debt without any legal basis," he said.
"The Court ought to put the brakes on this lawless action while it's considered by the courts," Kruckenberg added. Another Pacific Legal Foundation attorney Michael Poon pointed out that the Department of Education has not given the green light to student debt forgiveness either.
"At no point has the government made a plausible argument that the underlying policy is legal," Poon said. "The administration's 'lawmaking by press release' is clearly unconstitutional."
The nonprofit is not the first entity to challenge this handout. Six Republican attorneys general sued but were told they lacked standing. However, the Eighth Circuit Court of Appeals court granted a quick remedy and placed a stay on the program on Oct. 21 while judges mull the future of the lawsuits.
Biden's student loan forgiveness goes beyond legal issues, however. While the president had promised "not a dime" would go to top earners, the numbers reveal that only 8% of all student loan debt is owned by the lowest 20% of earners in the nation, while the wealthiest 20% carry one-third of the student debt.
The president does not have the power to dole out taxpayer dollars in this way. It's clear this was meant to buy votes, but the American legal system has checks and balances against it.