Biden and Harris Push Unconstitutional Student Loan Promises Despite Repeated Legal Defeats
As August rolls around, it’s not just the return of the school year on people’s minds—it’s also the mountain of student loan debt that millions of Americans are struggling to repay. Yet, while families are bracing themselves for payments to resume, President Joe Biden and Vice President Kamala Harris are doubling down on their promises to cancel or reduce student debt. But here’s the catch: they know these promises are built on shaky legal ground, and the courts keep shutting them down.
In their latest ploy, Biden and Harris have been busy emailing 25 million borrowers to tout new avenues for loan forgiveness. However, there’s one glaring problem—the rule that would allow these new relief measures to take effect isn’t even finalized yet, and there’s no clear timeline for when, or even if, it will be. Once again, this administration is dangling false hope in front of desperate Americans, knowing full well that their promises may never come to fruition.
Courts Keep Blocking Biden’s Overreach
Let’s take a look at the facts. Biden’s repeated attempts to unilaterally wipe out student debt have been met with a series of legal smackdowns. Just last Friday, the 8th U.S. Circuit Court of Appeals issued a preliminary injunction blocking Biden’s so-called SAVE plan, a massively expanded income-driven repayment scheme that could have shifted hundreds of billions of dollars in debt onto taxpayers. This ruling replaces a temporary stay that the court had already placed on the plan, signaling that the judiciary is taking these challenges seriously.
This isn’t the first time Biden’s student loan gambit has been stopped in its tracks. Back in June, two federal judges—both appointed by former President Barack Obama, no less—ruled that the SAVE plan represents a clear overreach of presidential authority. And let’s not forget last year’s landmark decision by the U.S. Supreme Court, which struck down Biden’s original attempt at broad-based loan cancellation for precisely the same reason. These rulings underscore a critical point: the President doesn’t have the constitutional authority to cancel student debt on this scale without Congressional approval.
Given the trajectory of these legal battles, it’s highly likely that Biden’s latest schemes will end up before the Supreme Court once again. Yet, despite the clear message from the judiciary, Biden and Harris continue to march forward with even more plans for debt forgiveness—plans that have no legal standing because the rules governing them are still just proposals, not actual law.
Biden and Harris Push Election-Year Gimmicks
So why are Biden and Harris pushing these unconstitutional measures? The answer is as clear as day—it’s all about politics. With the 2024 presidential election fast approaching, they’re desperate to shore up support among younger voters who are drowning in student debt. That’s why, earlier this month, they sent out millions of emails to borrowers, painting a rosy picture of future relief. But here’s the reality: these proposals are nothing more than election-year gimmicks that will likely never see the light of day. And if they do, the cost to taxpayers will be astronomical.
Our national debt just surpassed $35 trillion—a staggering figure that’s only going to grow with irresponsible policies like these. The Biden administration’s latest proposal alone would cost the federal government an estimated $150 billion. This comes on top of the hundreds of billions that Biden has already tried to shift onto taxpayers with his previous failed attempts at debt cancellation.
Maya MacGuineas, president of the Committee for a Responsible Federal Budget, didn’t mince words when she criticized the administration’s reckless spending spree. “It’s bad enough that the White House is pursuing costly new efforts to cancel student debt,” MacGuineas said in a statement. “They should not be actively evading potential legal challenges in an effort to circumvent the law.” She went on to describe the proposal as “expensive, poorly targeted, bad for higher education cost and quality,” and, most importantly, likely illegal.
Congress Should Have the Final Say
The fact of the matter is that any broad-based student debt forgiveness program should be decided by Congress—not unilaterally imposed by the President. Yet, Biden and Harris seem determined to bypass the legislative branch, ignoring the separation of powers that is fundamental to our Constitution. Fortunately, there are lawmakers who are fighting back. A group of GOP senators recently reintroduced legislation aimed at halting the Biden-Harris administration’s latest debt cancellation schemes.
“Not only are the Biden Administration’s student loan cancellation schemes morally questionable—forcing hardworking Americans who have already repaid their loans or decided to pursue alternative education paths to foot others’ bills—these policies are wildly inflationary, fiscally reckless, and do nothing to actually address the real problem of increasing higher education costs,” said Senator Mitt Romney (R-Utah) in a statement.
As we head into the 2024 election cycle, it’s clear that Biden and Harris will continue to use student loan forgiveness as a political weapon, regardless of the legal roadblocks in their way. And if Kamala Harris, the newly anointed Democratic presidential candidate, ever decides to face the media and take questions, she should be pressed to defend these illegal actions and explain why the administration is misleading millions of Americans.
In the end, the American people deserve better than empty promises and unconstitutional overreach. It’s time for the courts—and Congress—to put an end to these reckless policies once and for all.
