Three challenges have been released so far
On September 27, Frank Garrison, a lawyer who works for a conservative legal group, brought the first legal challenge to Biden’s plan, arguing that amnesty would hurt him more than the federal tax bill.
Discharged student debt is considered taxable income. Although the federal government does not have to pay taxes on their canceled student loans, thanks to help during the Covid pandemic in the 2021 American Recovery Plan, some states – as well as Indiana, where Garrison lives – will pay on bail.
Currently, Garrison is pursuing a federal program aimed at canceling tax-free loans, called Public Service Loan Forgiveness, but he says Biden’s plan will get him a $1,000 state tax bill.
Two days later, on September 29, six Republican-led states – Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina – filed a lawsuit to block Biden’s job. . GOP government officials argue that the president does not have the authority to issue debt relief across the country without Congress. They also say the policy will hurt private companies that serve some government student loans by undermining their business.
That same day, Arizona Attorney General Mark Brnovich brought his own legal challenge to block the Biden administration’s plan. Brnovich says the policy will reduce the impact of the Public Service Loan Forgiveness program, which he says will allow his agency to recruit legal talent.
The PSLF scheme allows those working for the government to write off their loans after ten years. If borrowers were to give up their loans now, Brnovich said, they would be less likely to work for the government agency. Attorneys in private practice tend to be more expensive.
‘Their challenge is of little use’
The biggest hurdle for those hoping to mount a legal challenge to Biden’s plan is finding plaintiffs who can prove they have been harmed by the policy. “Such an injury is required to determine what the courts call ‘standing'” it said Laurence Tribe, a Harvard law professor.
The public does not believe that the current justice system has been successful.
“They are always looking for different ways to stabilize the base, which is good and good, but in the end, the merits are the most important, and the merits are very little in their challenges,” said Tribe.
Mark Kantrowitz, an academic and legal expert, said that a judge might ignore a non-standard case of standing, however, because of the number of questions involved, including the scope of the authority. of the president.
“The president’s federal amnesty plan could be overturned if it goes to the U.S. Supreme Court,” Kantrowitz said.
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Even if these challenges are successful, they may delay the forgiveness process.
As a federal judge decides whether to grant GOP governors’ request to block Biden’s plan, the agency has said it will not cancel student loans. before October 17.
The policy would be “tied up in the courts for months,” Kantrowitz said.
Court battles can extend the pay break
If the battle for student loan forgiveness continues, the Biden administration may decide to extend the monthly payments again, Kantrowitz said.
Meanwhile the bills, which have been on hold since March 2020, are set to start again in January. But it can be very foolish to answer them when it is not clear what the person owes because the forgiveness is still in effect.
Meanwhile, borrowers should stay abreast of developments. You can sign up to the Department of Education’s website for information on the process, including how long it takes to apply for a pardon.
Ideally, you’ll be ready to ask for help when the form appears, experts say. If you forgave your loans before the lawsuit hits, you can keep it, Kantrowitz said, “even if the courts decide against the Biden administration.”
The White House did not immediately respond to a request for comment.