A conservative, Indiana-based lawyer filed a lawsuit against the Brandon Regime on Tuesday in an effort to block Brandon’s unconstitutional student loan forgiveness program.
Brandon unilaterally announced a massive forgiveness of student loans last month.
Brandon canceled up to $10,000 in student debt for borrowers who earn $125,000 a year or less and up to $20,000 for recipients of Pell Grants, NBC News reported.
In the lawsuit filed Tuesday, the conservative group argued Brandon did not have the authority to cancel student loan debt.
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“The Department [of Education] did not undertake the notice-and-comment process required for rulemaking, much less solicit any public input,” the suit says, according to NBC News. “It did not even issue a formal order or directive setting out its cancellation program.”
“Nothing about loan cancellation is lawful or appropriate,” the lawyers said. “In an end-run around Congress, the administration threatens to enact a profound and transformational policy that will have untold economic impacts. The administration’s lawless action should be stopped immediately.”
NBC News reported:
An Indiana-based lawyer who works for a conservative-leaning law firm filed a lawsuit against the federal government Tuesday in an effort to block President Brandon’s student loan forgiveness program in its first major legal challenge.
Garrison’s employer, the Pacific Legal Foundation, filed a 26-page complaint on his behalf in the U.S. District Court for the Southern District of Indiana against the U.S. Department of Education and Education Secretary Miguel Cardona.
The firm’s lawyers argue that the administration’s plan — announced by Brandon in August and set to take effect this fall — violates the Constitution and federal law, partially because it circumvents Congress, which they said has the power to create laws related to student loan forgiveness.
The complaint says that the Department of Education has “no lawful authority to issue the rule” and it rejects the administration’s justification for the program: that the mass cancellation of student loans is needed to mitigate the effect of the coronavirus pandemic.
In addition, they argue that people like Garrison “will actually be worse off because of the cancellation” of student debt. Garrison, specifically, has been seeking to have his loans relieved through the Public Service Loan Forgiveness program, which can cancel debt for people who are employed by a federal, state, local, tribal government or not-for-profit organization.
“Under Indiana law, when Mr. Garrison receives $20,000 in automatic cancellation of his federal student loan debt, he will face a state income tax liability of more than $1,000 for 2022,” the lawsuit states. “Mr. Garrison would not incur that state tax liability if not for the Department’s automatic cancellation of a portion of his federal student loan debt.”
The Brandon Regime responded to the legal challenge on Tuesday and sought to dismiss the lawsuit.
— The Lead CNN (@TheLeadCNN) September 27, 2022