Republican state attorneys general and other leading conservatives are quietly exploring a slew of potential lawsuits targeting President Biden’s plan to cancel some student debt — challenges that could limit or invalidate the policy before it takes full effect.
In recent days, a number of GOP attorneys general from states including Arizona, Missouri and Texas have met privately to discuss a strategy that could see multiple cases filed in different courts around the country, according to a person familiar with their thinking who spoke on the condition of anonymity to describe the confidential talks.
Other influential conservatives — including Sen. Ted Cruz (R-Tex.) and allies of the Heritage Foundation, a conservative think tank — are mulling their own options as they ratchet up criticism of Biden’s debt-relief plan, two additional people familiar with the matter said. And a conservative advocacy group founded by a major Trump donor said it would file a lawsuit against the policy.
“The conservative public interest law firms in our network are exploring filing lawsuits against this. They are doing background legal research, trying to find out who might be the most suitable clients for them,” John Malcolm, director of the Meese Center at the Heritage Foundation, said in an interview. “They have to find a client with the standing and the gumption to take on a lawsuit. There are several groups in our network who are exploring that right now.”
How President Biden decided to go big on student loan forgiveness
All of the sources cautioned that no decisions have been made — and as of Thursday morning, no lawsuits appeared to have been filed. But a legal battle could carry stark financial consequences for millions of student borrowers, who rejoiced last week after Democrats delivered on a long-standing promise to erase some of their debt.
Why Biden acted on student loan forgiveness
3:30
After six repayment extensions, pressure from Congress and activists, the White House acts on federal student loans. (Video: Michael Cadenhead/The Washington Post)
The possible litigation also raises the prospect of a broader, precedent-setting courtroom tussle over the scope of the president’s economic authority. Such a lawsuit could reach the Supreme Court, thrusting it back into the spotlight after it infuriated Democrats by stripping abortion protections and limiting the Environmental Protection Agency’s power to respond to climate change.
Under Biden’s plan, announced last week, the government is set to forgive up to $10,000 in federal college debt — or $20,000 if borrowers also received Pell Grants, which typically go to lower-income students. While the plan is less generous than some in the Democratic Party initially sought, it still marks a major financial benefit for many debtors — some of whom expressed horror that they could lose the help before it even arrives.
“That would be terrible,” said Michael Loomus, 31, who works as a call center supervisor in Ohio, referring to the prospect of the courts blocking Biden’s plan. Loomus has struggled to pay down his $11,400 in student loans since dropping out of the University of Toledo, but most of his debt would be wiped away by the president’s plan.
“It just seems they are continuously trying to keep borrowers in debt,” Loomus added. “I don’t make a lot of money … and before this, it just felt like I’d never pay off my loans.”
The Biden administration has been adamant that its policy is legal. The Justice Department released a 25-page memo last week justifying debt cancellation as “appropriate” under a 2003 law giving the executive branch broad authority to overhaul student loan programs. That law was passed in the aftermath of the Sept. 11, 2001, terrorist attacks and gave the president the authority to cancel student debt in connection with national emergencies — which the White House says includes the ongoing pandemic.
“The legality is very, very strong … The language of the Heroes Act states that in a national emergency the president can take action that includes suspending or canceling debt,” said Laurence Tribe, a Harvard law professor close with the Biden administration.
Who qualifies for Biden’s plan to cancel $10,000 in student debt?
In recent days, a number of GOP attorneys general from states including Arizona, Missouri and Texas have met privately to discuss a strategy that could see multiple cases filed in different courts around the country, according to a person familiar with their thinking who spoke on the condition of anonymity to describe the confidential talks.
Other influential conservatives — including Sen. Ted Cruz (R-Tex.) and allies of the Heritage Foundation, a conservative think tank — are mulling their own options as they ratchet up criticism of Biden’s debt-relief plan, two additional people familiar with the matter said. And a conservative advocacy group founded by a major Trump donor said it would file a lawsuit against the policy.
“The conservative public interest law firms in our network are exploring filing lawsuits against this. They are doing background legal research, trying to find out who might be the most suitable clients for them,” John Malcolm, director of the Meese Center at the Heritage Foundation, said in an interview. “They have to find a client with the standing and the gumption to take on a lawsuit. There are several groups in our network who are exploring that right now.”
How President Biden decided to go big on student loan forgiveness
All of the sources cautioned that no decisions have been made — and as of Thursday morning, no lawsuits appeared to have been filed. But a legal battle could carry stark financial consequences for millions of student borrowers, who rejoiced last week after Democrats delivered on a long-standing promise to erase some of their debt.
Why Biden acted on student loan forgiveness
3:30
After six repayment extensions, pressure from Congress and activists, the White House acts on federal student loans. (Video: Michael Cadenhead/The Washington Post)
The possible litigation also raises the prospect of a broader, precedent-setting courtroom tussle over the scope of the president’s economic authority. Such a lawsuit could reach the Supreme Court, thrusting it back into the spotlight after it infuriated Democrats by stripping abortion protections and limiting the Environmental Protection Agency’s power to respond to climate change.
Under Biden’s plan, announced last week, the government is set to forgive up to $10,000 in federal college debt — or $20,000 if borrowers also received Pell Grants, which typically go to lower-income students. While the plan is less generous than some in the Democratic Party initially sought, it still marks a major financial benefit for many debtors — some of whom expressed horror that they could lose the help before it even arrives.
“That would be terrible,” said Michael Loomus, 31, who works as a call center supervisor in Ohio, referring to the prospect of the courts blocking Biden’s plan. Loomus has struggled to pay down his $11,400 in student loans since dropping out of the University of Toledo, but most of his debt would be wiped away by the president’s plan.
“It just seems they are continuously trying to keep borrowers in debt,” Loomus added. “I don’t make a lot of money … and before this, it just felt like I’d never pay off my loans.”
The Biden administration has been adamant that its policy is legal. The Justice Department released a 25-page memo last week justifying debt cancellation as “appropriate” under a 2003 law giving the executive branch broad authority to overhaul student loan programs. That law was passed in the aftermath of the Sept. 11, 2001, terrorist attacks and gave the president the authority to cancel student debt in connection with national emergencies — which the White House says includes the ongoing pandemic.
“The legality is very, very strong … The language of the Heroes Act states that in a national emergency the president can take action that includes suspending or canceling debt,” said Laurence Tribe, a Harvard law professor close with the Biden administration.
Who qualifies for Biden’s plan to cancel $10,000 in student debt?