CNBC reports that a federal court just dealt another blow to President Joe Biden’s student loan handout by stopping it from being implemented while its legality continues to be litigated.
The 8th Circuit Court of Appeals in St. Louis, Missouri, did so by granting a nationwide injunction that was requested by six Republican-led states who are challenging the constitutionality of Biden’s student loan handout.
“The injunction will remain in effect until further order of this court or the Supreme Court of the United States,” the 8th Circuit ruled.
In this particular lawsuit, we are currently waiting to see whether the appellate court is going to allow the Republican states to continue with their challenge. The challenge was initially thrown out, on technical grounds, at the lower court level, which is what led to the appeal.
The besiege of Biden’s student loan handout
It appears as though Biden’s student loan handout is being attacked from all directions and is taking losses.
Just last week, U.S. District Judge Mark Pittman struck down Biden’s plan calling it unconstitutional. Pittmann wrote:
Whether the Program constitutes good public policy is not the role of this Court to determine. Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States.
The Biden administration has filed an appeal, saying that it “strongly disagrees” with Pittman’s decision. The Biden administration also claims that it is “confident” that it has the legal authority to do what Biden is trying to do, that is, cancel a large amount of federal student loan debt using nothing but executive action.
At this point, the losses, however, are really starting to add up. And, as long as the challengers don’t lose on technical grounds, it is hard to imagine the courts allowing Biden to continue with the handout.
If only they had known . . .
To anyone familiar with the Constitution, it’s not surprising that Biden’s student loan handout is struggling for its life – even the Biden administration seems to realize this, as it has stopped accepting applications for the handout.
But, there are many Americans who don’t seem to realize that Biden doesn’t have the authority to unilaterally do this – and this appears to have been to the Democrats’ advantage in the midterm elections.
Briahna Joy Gray, the former spokeswoman of Sen. Bernie Sanders (I-VT), recently explained:
[Biden and the Democrats] used the promise of student debt cancellation to induce young voter turn out — knowing it wasn’t going anywhere bc they relied on faulty legal authority. They used the promise of student debt cancellation to induce young voter turn out — knowing it wasn’t going anywhere bc they relied on faulty legal authority.
It’s not the first time that such a plan worked for the Democrats, and it won’t be the last.