💬 Discussion

Student loan forgiveness faces its first major legal challenge

Wednesday, Sep 28, 2022

Image: Education Loan Finance

A public interest lawyer in Indiana filed a federal lawsuit against the Department of Education yesterday in an effort to block its student loan forgiveness plan, marking the policy’s first major legal challenge.

🎓 Background: Last month, the Biden admin announced it would cancel $10,000 worth of federal student debt per borrower for individuals making less than $125,000 per year, or couples making less than $250,000.

  • Borrowers who received federal Pell Grants – which are for college students with “exceptional financial need” – and who fall under the income levels mentioned above will have $20,000 forgiven.

The plan is projected to cost ~$420 billion over the next 30 years, per new estimates from the nonpartisan Congressional Budget Office published this week.

⚖️ That brings us to yesterday’s lawsuit… which appears to have the one thing legal experts say is necessary for a legitimate case against student loan forgiveness: a client with legal standing to sue.

The plaintiff, Frank Garrison, is an employee of the libertarian Pacific Legal Foundation, which is backing the lawsuit. In it, they assert that the executive branch lacks the authority to bypass Congress and unilaterally forgive student loans, and that Garrison would be harmed by instituting the policy.

  • Garrison is currently in the process of having his federal student loans canceled through a program that does so for public servants after 10 years of payments and service.
  • Participants in this program don’t have to pay any federal or state taxes on the loan forgiveness – but Garrison is arguing Biden’s forgiveness plan would instead subject him to over $1,000 worth of local taxes for the $20,000 in forgiven debt.

+Bonus: Here’s everything you need to know about student loan forgiveness – covering applications, key dates, eligibility, and more. (TL;DR: The application won’t be available until “early October,” per the Biden admin.)

📊 Flash poll: Do you agree with President Biden’s plan to forgive some student loan debt?

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See a 360° view of what the media is saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that Biden’s student loan forgiveness plan represents a sweet spot between the group of people who want all debt forgiven, and those who want no debt to be forgiven.
    • Others push back on the characterization that Biden’s student loan forgiveness plan unfairly ‘rewards the rich,’ noting that it exclusively applies to Americans earning below a certain threshold.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators celebrate the fact that critics of Biden’s student loan forgiveness plan have finally found a plaintiff, and argue that he has a strong legal case to block the law from being implemented.
    • Others contend that Biden’s student loan forgiveness plan represents an unfair burden for all US taxpayers who didn’t go to college, or those that did and didn’t end up taking out federal loans.
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