Florida Attorney General Ashley Moody is part of a coalition of 23 state AGs working in an effort to stop what it calls the Biden administration’s fourth illegal attempt to “saddle working Americans with someone else’s” student loan debt.
The Department of Education's new proposed rule would allow the department secretary to establish new loan balance waivers for borrowers deemed to be “experiencing or has experienced hardship related to [their] loan.” Additionally, the proposed rule gives the secretary authority to cancel debt of borrowers who have $0 monthly payments, as even the mere “existence of the debt itself” causes “hardship.”
“Biden clearly does not believe in accountability or the American judicial system,” Moody said. “He pardoned his felony-convicted son, and he continues to try and force hardworking Americans to pay off the student loans of others – even though we challenged these unlawful policies all the way up to the U.S. Supreme Court and won.”
Missouri Attorney General Andrew Bailey is co-leading the group of attorneys general with neighboring AG Kris Kobach of Kansas.
“We are 10-0 with the lawless Biden Administration in our fight to block their illegal redistribution of wealth,” Bailey said. “Missouri has successfully defended the American people’s tax dollars in court every time.
“We are prepared for yet another court battle if Joe Biden tries again.”
The coalition urges the Department of Education to withdraw the rule for a number of reasons.
The coalition of attorneys general say the rule seizes authority for the Department of Education secretary that is not statutorily prescribed by the Higher Education Act and is currently enjoined, violates separation-of-power principles under the major questions doctrine, includes flawed cost estimates, is based on a statutorily deficient negotiated rulemaking process and seeks to implement a massive loan forgiveness scheme during a lame-duck administration.
“Everyone from the Supreme Court, to President Joe Biden, to former Speaker of the House Nancy Pelosi has publicly acknowledged that you do not have the authority to forgive debt except in the limited ways Congress clearly outlined,” the December 2 letter to Department of Education Secretary Miguel A. Cardona states. “You must adhere to these warnings and follow the law.
“The proposed rule states that ‘shortly after finalizing and implementing these regulations, the department could identify borrowers who would be eligible for waivers ... and then would expeditiously choose whether to exercise discretion to provide such relief as part of a one-time action.’ Such an outcome would fly in the face of the electorate’s decision to change the party in charge of the Executive Branch.”
The coalition urges the Biden administration to withdraw the unauthorized rule to allow the incoming Trump administration to determine the best course of action moving forward.
The AG letter also was sent to Trump Department of Education nominee Linda McMahon. In addition to Moody, others who signed the letter are the attorneys general of Alabama, Alaska, Georgia, Indiana, Idaho, Iowa, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.