Americans for Prosperity Foundation urges 8th Circuit to end unconstitutional administrative pardon of student loans

Americans for Prosperity Foundation urges 8th Circuit to end unconstitutional administrative pardon of student loans

October 21, 2022 by Bill Riggs

Canceling student loans will do nothing to address the root cause of the student debt crisis and will only push the already skyrocketing costs of higher education even higher.

Arlington, Virginia. — Americans for Prosperity Foundation (AFPF) filed an amicus brief with the 8e Circuit today claims the Biden administration exceeded its constitutional authority when it decided to spend more than $400 billion in public funds without congressional approval.

The administration’s politically motivated action will force the two-thirds of Americans without a college degree to pay off hundreds of billions of unpaid debts accrued by a small portion of the population. Canceling student loans will do nothing to address the root cause of the student debt crisis and will only push the already skyrocketing costs of higher education even higher.

AFPF Vice President Casey Mattox issued the following statement:

“Our amicus brief underscores the critical separation of powers issues underlying this case and the importance of meaningful application of these constitutional principles to protect liberty and promote government accountability. As the Supreme Court ruled in West Virginia vs. EPAmajor issues should be decided by Congress, not by unelected bureaucrats, and that principle should apply here.

The case is Nebraska vs. Biden

Click here to see the amicus brief

As the brief states:

The wisdom and fairness of granting blanket forgiveness of student loans to tens of millions of borrowers at the cost of hundreds of billions of dollars is not before the Court. Instead, this case is about who the Constitution empowers to make this decision – a decision of great political and economic importance – and by what process. At the federal level, the response is Congress, through duly enacted legislation, subject to constitutional constraints on federal power.

Our system of government is based on the consent of the governed, enshrined in the Constitution. Our Constitution exclusively mandates the elected representatives of the people to respond to major political issues through duly enacted legislation that survives bicameralism and presentation, a deliberately difficult process designed to ensure that these laws reflect broad political consensus.

At the very least, the Court should stay the unlawful cancellation of the student loan and carefully consider the parties’ arguments on the merits.

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