Three Republican-led states are asking the Supreme Court for emergency intervention to temporarily block President Joe Biden’s latest effort to extend student loans to millions of borrowers.
The time-sensitive appeal is sent to Judge Neil Gorsuch, who can make the decision himself or involve his colleagues.
Most likely, the court will require the government to file a response brief, and a court order could be issued in the coming days or weeks.
On Sunday, a federal appeals court in Denver temporarily put on hold a lower court’s ruling on the matter that went against the Biden administration.
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The states that filed the emergency petitions — Alaska, Texas and South Carolina — are now asking the high court to lift the moratorium.
The Savings for a Valuable Education (SAVE) program announced by the government last year will help millions of borrowers enrolled in federal student loan programs lower their monthly debt payments and provide access to debt relief.
Lower payments are expected to begin on July 1 for the approximately 8 million borrowers participating in the SAVE program.
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South Carolina Attorney General Alan Wilson, Texas Attorney General Ken Paxton and Alaska Attorney General Traeger Taylor said in the petition to Gorsuch that because of the government’s ” Intransigence,” the court must “unfortunately intervene again.”
“Time is of the essence. Not only do states and the public at large need to know quickly whether the SAVE program is legal, but the Biden administration is not done yet,” the attorneys general wrote. “On April 17, 2024, the Department of Education announced another rule that will cost hundreds of billions of dollars to forgive student debt. 89 Fed. Reg. 27654.
“The proposed rule is expected to become final before this litigation is concluded without intervention from this Court. Whenever hundreds of billions of dollars are involved, this Court’s legal certainty is critical, but in a case like here Not least, commentators around the world observed that the federal government was flouting the Supreme Court’s ruling in Nebraska.
“Accordingly, the Court should grant review and summarily reject the SAVE program, or proceed with briefing and argument in the case to ensure that federal law maintains its integrity and prevents the Department from unilaterally giving up hundreds of billions of dollars.”
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Earlier this year, Biden announced the SAVE program, which cancels the debt of registered borrowers who have been repaying their loans for at least 10 years and have $12,000 or less in student loan debt. Those with more debt will need an extra year of payments for each additional $1,000 they borrow before they can qualify for relief.
In June 2023, the Supreme Court ruled 6-3 that federal law does not allow Biden’s education secretary to cancel more than $430 billion in student loan debt.
Biden pledged at the time that his administration would continue to advance his student debt relief plan.
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Shortly after the court’s ruling, Biden said, “I think the court misinterpreted the Constitution.”