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Tags: student debt | biden | republicans | lawsuit

GOP Might Challenge Biden's Loan Forgiveness Order

sen. ted cruz of texas speaking at cpac
Sen. Ted Cruz, R-Texas (Getty Images)

By    |   Thursday, 01 September 2022 04:40 PM EDT

Republican prosecutors could be preparing to challenge President Joe Biden's massive student loan forgiveness scheme as conservative operatives currently lay out their options.

Red state legislatures, Republican attorneys general, and conservative think-tank attorneys reportedly are preparing to establish a plan to tackle Biden's program, which wipes away thousands in student loan debt for tens of millions of Americans.

According to a Thursday report by The Washington Post, sources indicate that Sen. Ted Cruz, R-Texas, the Heritage Foundation, and a former President Donald Trump-aligned donor are leading the way in pushing for legal action.

"The conservative public interest law firms in our network are exploring filing lawsuits against this. They are doing background legal research, trying to find out who might be the most suitable clients for them," Heritage Foundation legal expert John Malcolm told The Post.

"They have to find a client with the standing and the gumption to take on a lawsuit. There are several groups in our network who are exploring that right now."

Still, approaching a week after Biden's initial announcement, no serious lawsuits have been filed against the administration. Sources also emphasized that there has not been a final decision on whether to tackle the debt forgiveness officially.

"The uncertainty for borrowers in the meantime is, I'm afraid, considerable," Harvard Law professor Laurence Tribe told CNBC, adding that borrowers should still apply for forgiveness but "be cautiously optimistic."

Tribe also noted that if the order gets challenged, a reasonable first step will be for plaintiffs to make the complex case that student loan forgiveness causes "personal injury" to specific individuals.

"Such injury is needed to establish what courts call 'standing,'" Tribe said. "No individual or business or state is demonstrably injured the way private lenders would have been if, for instance, their loans to students had been canceled."

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Republican prosecutors could be preparing to challenge President Joe Biden's massive student loan forgiveness scheme as conservative operatives currently lay out their options.
student debt, biden, republicans, lawsuit
304
2022-40-01
Thursday, 01 September 2022 04:40 PM
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