Washington, DC; November 1, 2022: Today, Pacific Legal Foundation filed an emergency application asking the Supreme Court to enjoin the Biden administration’s student debt cancellation program until litigation over the legality of the program is settled.

“The administration is attempting to erase half a trillion dollars in debt without any legal basis,” said Caleb Kruckenberg, an attorney at Pacific Legal Foundation. “The Court ought to put the brakes on this lawless action while it’s considered by the courts.”

With debt cancellation set to begin any day, the Department of Education has yet to issue any formal rules, guidance, or other legally binding explanation of how the program will function. Instead, it has relied on ever-evolving press releases and webpages which the Department of Education has changed on the fly to avoid legal challenge.

“At no point has the government made a plausible argument that the underlying policy is legal,” said Michael Poon, an attorney at Pacific Legal Foundation. “The administration’s ‘lawmaking by press release’ is clearly unconstitutional.”

The Court must not allow the administration to skirt judicial review. If this program is permitted to go into effect without scrutiny from the courts, it will invite similar mischief from future administrations on myriad other issues.

The case is Garrison v. U.S. Department of Education.


Motion for Injunction Pending Appeal
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About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.

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