The Biden-Harris administration’s efforts to affect wealth redistribution by way of a “student loan debt relief program” that would “forgive” hundreds of billions of dollars of debt owed by student loan borrowers by passing the cost along to the American taxpayer was dealt a serious blow Wednesday when a federal court of appeals refused to reinstate it.
The Fifth circuit Court of Appeals rejected the White House appeal according to court documents filed Wednesday, cited by Fox News. The three-judge panel ruled unanimously to uphold a stay on the program issued by U.S. District Judge Mark Pittman Nov. 10 in Texas.
This is the most serious legal setback for Biden admin’s program so far.
Pittman, a Trump appointee, ruled in 26-page decision that the debt relief policy is “an unconstitutional exercise of Congress’s legislative power and must be vacated.” https://t.co/HKA9uCIkCK
— Michael Stratford (@mstratford) November 11, 2022
In his ruling, Judge Pittman declared the move by Biden to be an “unconstitutional exercise of Congress’s legislative power.”
“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.”
While the Fifth-circuit Judges ruled that Judge Pittman’s stay would remain in force, they did choose to expedite oral arguments in the case to the “next available” date Fox News reported. The outlet noted that the Biden administration has said previously that the Department of Justice would request the U.S. Supreme Court intervene directly if the Fifth Circuit Court denies the appeal entirely.
The case before the Fifth Circuit is one of two legal challenges to the Biden “student loan debt relief program.” The challenge was brought by plaintiffs Myra Brown and Alexander Taylor alleges that the Biden Department of Education in this action violated the Administrative Procedure Act, particularly the APA’s notice-and-comment requirements according to the SouthEast Texas Record.
“Behind closed doors, the Department promulgated a new Debt Forgiveness Program that will affect tens of millions of Americans and cost more than 400 billion dollars,” the lawsuit states.
It then levels a serious claim attacking the intent of Biden’s action, “Instead of providing notice and seeking comment from the public, the Department hammered out the critical details of the Program in secret and with an eye toward securing debt forgiveness in time for the November election.”