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Six GOP-led states suing Biden administration over student loan forgiveness
Six Republican-led states are suing the Biden administration in an effort to halt its plan to forgive student loan debt for tens of millions of Americans, accusing it of overstepping its executive powers.
It’s at least the second legal challenge this week to the sweeping proposal laid out by President Biden in late August, when he said his administration would cancel up to $20,000 in education debt for huge numbers of borrowers. The announcement, after months of internal deliberations and pressure from liberal activists, became immediate political fodder ahead of the November midterms while fueling arguments from conservatives about legality.
In the lawsuit, being filed Thursday in a federal court in Missouri, the Republican states argue that Biden’s cancellation plan is “not remotely tailored to address the effects of the pandemic on federal student loan borrowers,” as required by the 2003 federal law that the administration is using as legal justification. They point out that Biden, in an interview with CBS’ “60 Minutes” this month, declared the Covid-19 pandemic over, yet is still using the ongoing health emergency to justify the wide-scale debt relief.
“It’s patently unfair to saddle hard-working Americans with the loan debt of those who chose to go to college,” Arkansas Attorney General Leslie Rutledge, who is leading the group, said in an interview.
She added: “The Department of Education is required, under the law, to collect the balance due on loans. And President Biden does not have the authority to override that.”
The states of Iowa, Kansas, Missouri, Nebraska and South Carolina joined Arkansas in filing the lawsuit. Iowa has a Democratic attorney general, but the state’s Republican governor, Kim Reynolds, signed on the state’s behalf. The states argue that Missouri’s loan servicer is facing a “number of ongoing financial harms” because of Biden’s decision to cancel loans. Other states that joined the lawsuit argue that Biden’s forgiveness plan will ultimately disrupt revenue to state coffers.
Biden’s forgiveness program will cancel $10,000 in student loan debt for those making less than $125,000 or households with less than $250,000 in income. Pell Grant recipients, who typically demonstrate more financial need, will get an additional $10,000 in debt forgiven.
The administration also said it would extend the current pause on federal student loan repayments — put on hold near the start of the pandemic more than two years ago — once more through the end of the year.
The administration faced threats of legal challenges to its plans almost immediately, with conservative attorneys, Republican lawmakers and business-oriented groups asserting that Biden was overstepping his authority in taking such sweeping action without the assent of Congress.
Democratic lawmakers battling in tough reelection contests also distanced themselves from the student loan plan, as Republican officials called it an unfair government giveaway for relatively affluent people at the expense of those who didn’t pursue higher education.
In their lawsuit, the Republican attorneys general also contend that the forgiveness program violates the Administrative Procedures Act, which lays out how federal agencies should make regulations in order to ensure executive branch policies are well-reasoned and explained.
“The president does not have the authority to put himself in the place of Congress,” Rutledge said in the interview. “These actions must be taken by Congress and he can’t override that.”
To justify the plan’s legality, the Biden administration is relying on a post-Sept. 11, 2001, law meant to help members of the military that the Justice Department says allows Biden to reduce or erase student loan debt during a national emergency. But Republicans argue the administration is misinterpreting the law because, in part, the pandemic no longer qualifies as a national emergency.
Another lawsuit against Biden’s student loan program was filed this week in an Indiana federal court by the Pacific Legal Foundation, a libertarian legal advocacy group that employs a lawyer who says he would be harmed by the forgiveness plan. The lawyer, Frank Garrison, says erasing his current debt load will trigger a tax liability from the state of Indiana, which is among at least a half dozen states where the forgiven loan amounts will be subject to state taxes.
The White House dismissed the lawsuit as baseless because any borrower who does not want the debt relief can opt out. The Education Department is still on track to unveil the application for the forgiveness plan in early October.
Republicans have also seized on the Biden plan’s price tag and its impact on the nation’s budget deficit. The Congressional Budget Office said this week that the program will cost about $400 billion over the next three decades. The White House countered that the CBO’s estimate of how much the plan will cost just in its first year, $21 billion, is lower than what the administration initially believed.
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Analysis of the words Trump and Harris relied on in their first debate: “taxes,” “criminals,” “weak”
At the first and only scheduled presidential debate between Vice President Kamala Harris and former President Donald Trump, Harris mentioned Trump by name 38 times. Trump didn’t say Harris’ name a single time.
The former president mentioned inflation nine times; Harris only did so twice. Trump called Harris “weak” five times, and she returned the insult four times.
CBS News analyzed the words both candidates used during Tuesday night’s debate to determine what key themes and rhetoric they used to appeal to American voters as the 2024 election approaches. The analysis also compared the words used in this debate to the June 27 debate between President Biden and Trump. Here’s what we found.
Breaking down the words by topic
The debate kicked off with a question about the economy, but Trump’s response was mostly about immigration, a topic he returned to frequently throughout the night. He said “border” 12 times. Thirty percent of the times that Trump mentioned the word “people,” he was referring to migrants.
Repeatedly citing incorrect numbers, Trump said “million” or “millions” in reference to immigrants entering the U.S. 12 times. Seventeen times he referred to these migrants as “criminals” or referred to “crime” in the context of immigration.
When the candidates did talk about the economy, Trump and Harris said “tax,” “taxes” or “tariff” about the same number of times. Harris referenced “small business” or businesses seven times, a phrase Trump didn’t mention in either debate.
Trump emphasized inflation, using the term nine times — the same number of times he did in the June debate. Harris only mentioned it twice, and once was when she named the Inflation Reduction Act. Harris also made fewer references to “jobs” than Trump did.
On the topic of abortion, Trump spent time on late-term abortion and repeated the false claim that Democrats, including vice presidential nominee and Minnesota Gov. Tim Walz, condone killing newborns. He used the word “baby” six times, while Harris’ remarks about abortion more often focused on women’s bodily autonomy. In the context of abortion, she used the words “woman” or “women” seven times and “body” six times.
Examining how the candidates talked about each other
The candidates’ targeted attacks on Tuesday night included Harris calling Trump a “disgrace” twice and Trump labeling Harris a “Marxist,” echoing his social media nickname for her, “Comrade Kamala.” He also called her the “border czar” three times, a term that overstates her role in managing the country’s immigration policy.
One word that was one of the most frequent jabs the candidates employed was “weak.” Trump described Harris or Harris and Mr. Biden collectively as “weak” five times. He described Mr. Biden as “weak” once in the June debate and once on Tuesday. Harris called Trump or his actions “weak” four times.
Other insults included “incompetent,” used by Trump four times, and “immoral” and “unconscionable” by Harris each once.
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