The president improperly exploited an obscure 2003 law to justify his student loan debt forgiveness plan, a Republican lawsuit alleges.
quietly changed the guidance language for who qualifies under the forgiveness plan, carving out those whose debts were held by private commercial lenders rather than the federal government.
While that decision was likely made out of concern that private banks could sue the federal government for the financial harm that could be incurred by the decision, states like Arkansas say that any forgiveness of student loan debt—including debt held by the federal government—could harm their states' revenue streams, and that Biden violated federal law when he used his executive power to skirtU.S.
Biden, they allege in the suit, improperly exploited an obscure 2003 law called the Higher Education Relief Opportunities for Students Act that had previously been used by theto relieve active-duty personnel from various administrative requirements that could hinder their operations in the field, including various financial aid programs.
"It is the epitome of unlawful and arbitrary agency action, and it should be set aside," the lawsuit argues. The alleged abuse of the law also played a central role in a Tuesday lawsuit filed by the conservative Pacific Legal Foundation, which argued it was flagrantly illegal for the executive branch to create a massive spending program"by press release," and with no statutory authority or even the basic notice and comment procedure for new regulations.
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