A federal appeals court turned aside the Biden administration’s attempt late Wednesday to put a hold on a Texas judge’s ruling blocking the White House plan to cancel hundreds of billions of dollars in federal student loans — the latest legal blow to the president.
The three-judge panel from the New Orleans-based 5th Circuit Court of Appeals — consisting of appointees of former Presidents Donald Trump, Barack Obama and George W. Bush — unanimously rejected the request to stay US District Judge Mark T. Pittman’s Nov. 10 order.
The court did not explain its reasoning but ordered that the administration’s appeal be heard on an expedited basis.
The lawsuit in the 5th Circuit was filed by the conservative Jobs Creator Network Foundation on behalf of two student loan borrowers excluded from the Biden debt cancellation plan.
President Biden announced a plan in August to forgive $400 billion in student loan debt. REUTERSPittman’s decision is one of two nationally that have prevented the administration from moving forward on its plan to erase up to $20,000 in debt per borrower.
The Biden administration has also asked the Supreme Court to lift an order by the 8th Circuit Court of Appeals staying the forgiveness program while it considered an appeal by six Republican-led states: Nebraska, Missouri, Iowa, Kansas, Arkansas and South Carolina.
Those states challenged the program on the grounds that it would cause financial damage, as well as that the Biden administration overstepped its authority by allowing the Department of Education to cancel the student debt under the 2003 HEROES Act, which gives the executive branch broad powers during national emergencies.
Demonstrators outside the White House in February called on President Biden to cancel federal student loan debt. Getty Images for We The 45 MilliThe Biden administration has contended that the coronavirus pandemic is such an emergency despite the president saying on “60 Minutes” Sept. 18 that the pandemic is “over.”
The administration’s plan, announced in August, would cancel up to $10,000 in student loan debt for individuals making less than $125,000 per year or households making under $250,000 per year in income.
Pell Grant recipients, who typically demonstrate more financial need, would get up to $20,000 in debt forgiven.
President Biden and Education Secretary Miguel Cardona at the White House on Oct. 17. APAs the court battles continue, President Biden last month extended the moratorium on student loan repayments through June 30.
With Post wires
