GOP states win restraining order against Biden-Harris secret effort to mass cancel student loan debt

By 
 September 5, 2024

Despite having been previously struck down multiple times at all levels of the judicial system, the Biden-Harris administration was set to quietly move forward with yet another effort to mass cancel potentially hundreds of billions of dollars in outstanding federal student loan debts.

A group of Republican-led states filed a lawsuit on Tuesday in federal that sought an immediate block on the administration's likely unconstitutional plan, according to The Washington Post.

Less than 48 hours later, according to Missouri Attorney General Andrew Bailey, who led the new lawsuit, a federal judge in Georgia agreed with the GOP states' request for swift action and issued a temporary restraining order to prevent the Biden-Harris Education Department from moving forward with the debt cancelation plan.

Lawsuit filed to block latest student loan debt cancelation scheme

On Tuesday, seven states led by Missouri filed suit against the Biden-Harris Education Department and Education Sec. Miguel Cardona that sought emergency relief to stop an alleged secret plan to move forward imminently with the implementation of a proposed rule to mass cancel hundreds of billions of dollars in student loan debt before the rule was finalized and published.

"The Biden-Harris Administration is dedicated to saddling working Americans with Ivy League debt, even if they have to break the law to do it," Missouri AG Bailey said in a statement at the time. "Our latest lawsuit challenges their third and weakest attempt to mass-cancel student loans in the dark of night without letting Congress -- or the public -- know about it. That’s illegal."

"We successfully halted their first two illegal student loan cancellation schemes; I have no doubt we will secure yet another win to block the third one," he added. "They may be throwing spaghetti at the wall to see what sticks, but my office is meeting them every step of the way."

Ironically enough, that lawsuit to block the Biden-Harris administration's third attempt at student loan debt relief came just days after the Supreme Court declined an emergency request from the administration to lift a lower court's injunction that blocked the Education Department from enacting its second major debt cancelation effort.

A "huge victory" just 48 hours later

In this particular instance, the wheels of justice moved swiftly, as Missouri AG Bailey revealed in an X post Thursday morning, "We have obtained a restraining order BLOCKING @JoeBiden and @KamalaHarris’ newest clandestine illegal student loan scheme. We filed suit less than 48 hours ago. This is a HUGE victory for every American who won’t have to pay someone else’s Ivy League debt."

"Today is a huge victory for every working American who won’t have to foot the bill for someone else’s Ivy League debt," Bailey reiterated in a Thursday press release. "I paid for my education in blood, sweat, and tears in service to my country, so this fight is personal for me. We will continue to lead the way for working Americans who are being preyed upon by unelected federal bureaucrats in Washington D.C."

The successful lawsuit asserted, "Through compulsory process at the end of August, the States have just obtained documents proving that the Secretary [of Education] is implementing this plan without publication and has been planning to do so since May. The Secretary of Education (1) is unlawfully trying to mass cancel hundreds of billions of dollars of loans, and (2) has quietly instructed federal contractors to ‘immediately’ begin cancellation as early as September 3, 2024 (but possibly beginning on September 7)."

"The actual cost of the Third Mass Cancellation Rule is thus the $146.9 billion estimated by the Department plus much of the $475 billion cost of the SAVE Plan," the suit added, referring to the second plan. "This is the third time the Secretary has unlawfully tried to mass cancel hundreds of billions of dollars in loans. Courts stopped him the first two times, when he tried to do so openly. So now he is trying to do so through cloak and dagger."

Biden-Harris "are RESTRAINED from mass canceling student loans"

In a six-page order issued Thursday, U.S. District Judge J. Randal Hall granted the states' request for a temporary restraining order to block the implementation of the third proposed student loan debt relief rule in the interest of maintaining the status quo and to prevent the states from suffering financial harm from the administration's actions.

"Further, Defendants are RESTRAINED from mass canceling student loans, forgiving any principal or interest, not charging borrowers accrued interest, or further implementing any other actions under the Rule or instructing federal contractors to take such actions," the judge wrote. "This Order applies to all of Defendants' officers, agents, employees, attorneys, and other persons in active concert or participation with them."

Judge Hall also noted that while the temporary restraining order would be in effect for 14 days, he also observed that it could be extended and scheduled a hearing for Sept. 18 on the pending litigation.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson