A federal judge in Texas on Thursday declared President Joe Biden’s student loan forgiveness program unlawful, dealing another blow to the Biden administration’s attempted wealth transfer.
President Donald Trump appointee Judge Mark Pittman ruled in favor of the conservative advocacy group Job Creators Network, which brought suit on behalf of two student loan borrowers. One of the borrowers was ineligible for Biden’s loan forgiveness program, and the other did not qualify for the entire $20,000 forgiveness.
The plaintiff-borrowers argued Biden’s administration violated federal law by denying borrowers an opportunity to provide public comment before rolling out the program.
As Judge Pittman plainly stated:
The Constitution vests “all legislative powers” in Congress. This power, however, can be delegated to the executive branch. But if the executive branch seeks to use that delegated power to create a law of vast economic and political significance, it must have clear congressional authorization. If not, the executive branch unconstitutionally exercises “legislative powers” vested in Congress. In this case, the HEROES Act— a law to provide loan assistance to military personnel defending our nation—does not provide the executive branch clear congressional authorization to create a $400 billion student loan forgiveness program.
