November 23, 2022
The Utah Attorney General’s Office is leading a coalition of 17 states in asking the Supreme Court to reject President Biden’s request to lift an appellate court’s stay of his student-loan forgiveness program.
Several months ago, the Biden Administration announced a program that would cancel $400 billion in outstanding federal student loans. The Secretary of Education attempted to issue the loan forgiveness under the HEROES Act, a post-9/11 statute enacted to modify or waive student loan requirements for individuals in military service.
The States argued that the HEROES Act does not authorize the Secretary of Education to issue mass cancellation of student loans. The Secretary’s attempt to exercise power of such vast economic and political significance requires clear Congressional authorization.
“Congress has repeatedly considered and rejected student-loan cancellation. The Executive Branch cannot sidestep the legislative process just to gain political points. As long as the President continues to push the constitutionally established limits on his power, I will fight to hold him accountable in the courts.”Attorney General Sean D. Reyes
Read the Biden v Nebraska brief here.
Read the Amicus supporting plaintiffs in Brown v Dept. of Education here.