Louisiana attorney sues Biden administration over student loan forgiveness plan & More Latest News

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(The Center Square) — A Louisiana attorney, assisted by an area coverage group, is suing President Joe Biden over his student loan forgiveness plan.

The lawsuit, filed by Tommy Badeaux within the U.S. District Court for the Eastern District of Louisiana in New Orleans with the Pelican Center for Justice and the Pelican Institute for Public Policy, accuses the administration of forgoing the separation of powers required by the U.S. Constitution by forgiving billions in excellent student loan debt with out motion from Congress.

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The lawsuit says that the Higher Education Relief Opportunities for Students Act of 2003, which was meant to supply student loan reduction related with navy members concerned within the Global War on Terror, was not meant to supply wholesale debt reduction. It additionally says that there was no public remark interval, which is required after any preliminary regulatory motion is posted within the Federal Register beneath the U.S. Administrative Procedures Act.

The attorneys within the case say that though there have been a number of lawsuits filed in opposition to the Biden administration’s motion on student loans on completely different grounds, their argument has an essential authorized mixture on each the constitutional query and the Administrative Procedures Act.

“We believe very strongly in the legal argument for making both on the Administrative Procedure Act grounds and the constitutional grounds,” mentioned James Baehr, the founder and particular counsel for the Pelican Center for Justice. “Some of the other cases haven’t focused as much on the constitutional grounds or as much on the administrative procedure grounds and I think that ours accomplishes both.”

Badeaux is searching for a judgment setting apart the Biden loan forgiveness plan, a declaratory judgement that declares the debt cancellation unconstitutional and that his rights beneath the U.S. Administrative Procedures Act have been violated, an injunction prohibiting the Biden administration from enacting its student loan debt cancellation coverage and attorneys’ charges.

The lawsuit additionally cites a memo from then-General Counsel of the U.S. Department of Education, Reed Rubenstein, which mentioned in January 2021 that the Secretary of Education didn’t have the “statutory authority to provide blanket or mass cancellation, compromise, discharge, or forgiveness of student loan principal balances, and/or to materially modify the repayment amounts or terms thereof, whether due to the COVID-19 pandemic or for any other reason.”

The lawsuit additionally cites statements by House Speaker Nancy Pelosi, D-Ca., and President-Elect Biden that each agreed that motion by Congress was required to forgive or amend student debt obligations.

“The Supreme Court likes to say that we don’t hide elephants in mouse holes, meaning that whenever someone, whatever branch of government, is granted with authority to act, we don’t hide it there. We want it to be obvious,” Pelican Institute General Counsel Sarah Harbison mentioned. “It’s an important part of the separation of powers. And just like with the OSHA vaccine mandate lawsuit and with the Head Start vaccine and masking mandate, the administration pointed to obscure rules in OSHA and in the Head Start program, that has to do with air quality for example.”

Badeaux’s lawsuit gained’t be the primary time the Biden administration’s student loan debt cancellation plan was challenged in court docket. The program is on maintain after the eighth U.S. Circuit Court of Appeals utilized a short lived injunction on Oct. 21 after a decrease court docket dominated in opposition to six state attorneys generals who sued to cease the plan.

“Kudos to Tommy, it’s a hard thing to stand up and sue the government,” Pelican Institute CEO Daniel Erspamer mentioned. “But when they do wrong, when they don’t follow the rules, when, you know, certainly even as you notice, the president said this should go through Congress. Somebody has to stand up and say, ‘This isn’t right.’”

Louisiana attorney sues Biden administration over student loan forgiveness plan

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Louisiana attorney sues Biden administration over student loan forgiveness plan

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Louisiana attorney sues Biden administration over student loan forgiveness plan

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