President Joe Biden’s plan to forgive up to $20,000 in student loan debt has been deemed illegal by a federal judge in Texas. The news comes just a few days after the democratic leadership possibly losing control of the House and Senate.
The Job Creators Network filed lawsuit against the administration last month on behalf of borrowers.
“This case involves the question of whether Congress—through the HEROES Act—gave the Secretary authority to implement a Program that provides debt forgiveness to millions of student-loan borrowers, totaling over $400 billion,” Pittman wrote. “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.”
“In this country, we are not ruled by an all-powerful executive with a pen and a phone,” Pittman continued. “Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government. As President James Madison warned, ‘[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.’ THE FEDERALIST NO. 47.”
“The Court is not blind to the current political division in our country,” he concluded. “But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved. And having interpreted the HEROES Act, the Court holds that it does not provide ‘clear congressional authorization’ for the Program proposed by the Secretary.”
It will be interesting to see if there is any sort of follow up from the Senate and House in this massive loss to the left.