Supreme Court Justice Amy Comey Barrett REJECTS Emergency Offer to Block Biden’s Student Loan Plan by Group Claiming It Is Unconstitutional and Taxes Most Americans
- Barrett declined to comment on the appeal of the Brown County Taxpayers Association, which has also lost rounds in lower federal courts
- The group wrote that they needed an emergency injunction to halt the program, as the administration could begin debt forgiveness as early as Sunday.
- Barrett oversees emergency calls from Wisconsin and neighboring states
- Barrett likely rejected the application because the fiscal unity failed to prove that they suffered the direct damages necessary to have the grounds to sue
Supreme Court Justice Amy Comey Barrett
Supreme Court Justice Amy Comey Barrett has rejected an emergency offer from a group of taxpayers to halt President Biden’s student loan plan on Sunday.
Barrett declined to comment on the appeal from the Brown County Taxpayers Association, which has also lost rounds in lower federal courts.
The group wrote in its Supreme Court filing that they needed an emergency injunction to halt the program, as the administration could begin canceling outstanding student debt as early as Sunday.
Barrett oversees emergency calls from Wisconsin and neighboring states. She acted alone, without the intervention of the rest of the court. She also did not ask the Biden administration for a response, indicating that the application had no serious legal standing.
Supreme Court Justice Amy Comey Barrett has rejected an emergency offer from a group of taxpayers to prevent President Biden’s student loan plan from kicking off on Sunday
Student loan forgiveness advocates attend a press conference on Pennsylvania Avenue in front of the White House in Washington, DC, US, August 25, 2022
U.S. District Judge William Griesbach had previously dismissed the group’s lawsuit, saying they did not have the legal right to bring the case.
A panel of appellate judges declined to intervene with an emergency injunction.
That’s why the Biden administration is committed to a plan to cancel $10,000 in student debt for federal borrowers earning less than $125,000 and up to $20,000 for Pell Grant recipients.
In filing an emergency injunction, the group claimed the Biden administration’s move is unconstitutional, exceeds its executive powers and affects US taxpayers.
Biden had used a 2003 federal law that allows the secretary of education to change student financial aid programs “in connection with a war or other military operation or national emergency.” He claimed that Covid-19 was a national emergency.
Though she didn’t give a reason, Barrett likely dismissed the application because the plaintiff, Brown County Taxpayers Association, had failed to prove that they incurred the direct damages necessary to have the grounds to sue. Previous courts have already determined that the taxpayer’s group lacked the standing to meet its legal challenge. None of the judges hearing the case ruled whether Biden had acted lawfully in canceling the debt.
The Supreme Court has said that the mere payment of taxes does not give claimants the power to sue government programs.
But the group of taxpayers said the huge amounts paid out justified the relaxation of the fixed rules.
“We are witnessing a massive increase in public debt achieved by a complete disregard for the restrictions on the constitutional spending authority,” the association’s lawyers wrote.
They added: “The argument that a president can unilaterally cancel debts to the US Treasury Department through executive approval, and that no one has the right to challenge him, threatens the very foundations of a constitutional republic. ‘
“If every federal taxpayer could file a lawsuit to challenge government spending, the federal courts would cease to function as courts and take on the role of general complaints offices,” Judge Samuel Alito said in 2007.
The Biden administration has been attacked from all sides over its debt cancellation plan. Seven GOP-led states and a number of conservative legal groups have filed lawsuits across the country.
Over the weekend, the White House rolled out a beta version of the debt forgiveness application, and more than eight million people filed for forgiveness requests. The official application was launched on Monday.
The Congressional Budget Office said last month that Biden’s ploy to get rid of debt will cost the government $400 billion in 30 years, and Republicans have argued that it is unfairly taxing Americans who haven’t gone to college.
Wisconsin Judge William Griesbach dismissed the case without deciding whether Biden was acting lawfully, and also questioned whether an injunction would be necessary even if the challenger had standing.
But, he warned, if the government acted illegally, borrowers could be held liable for repaying the money they were given.
“A future government may not be bound” by the Biden program, he wrote, “and may seek to collect the allegedly forgiven debts.”
“Those who want to take advantage of the program” may want to “consider this opportunity before over-relying on the promised benefits.”