Supreme Court Justice Barrett blocks second request to block Biden student loan forgiveness plan

A federal appeals court has already agreed to temporarily block the Biden plan.

Published: November 4, 2022 8:28pm

Updated: November 4, 2022 8:58pm

Supreme Court Justice Amy Coney Barrett on Friday again denied a request to block President Biden’s student loan forgiveness plan – the second time in recents weeks she has rejected such a request.

Barrett handles emergency matters from several Midwestern states, and the case came from the libertarian group Pacific Legal Foundation, which appealed to the high court after it was denied by the 7th Circuit Court of Appeals, in Illinois.

The legal efforts by the group, the first to pose a legal challenge to the Biden plan, have failed twice in lower courts, with the first one using a PFL attorney as the plaintiff.

The group argued the plaintiff would suffer hardship as a result of the plan because he'd have to pay state taxes on the forgiven amount. The Biden administration subsequently made participation in the plan optional. 

Barrett last month denied a similar emergency request from a group of Wisconsin taxpayers, according to the Hill newspaper.

The lawsuit, which argued that the White House lacks the authority to enact such a policy, was dismissed by a lower court for a lack of standing, as was one of the PFL cases.

However, a federal appeals court has already agreed to temporarily block the Biden plan. Attorneys general from six Republican-led states filed the suit, which was initially dismissed for lack of standing. However, a federal appeals court has agreed to temporarily block the plan amid the group's appeal.

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