More than 100 House Republicans file amicus brief on Biden student loan forgiveness

More than 100 House Republicans signed an amicus brief arguing against the Biden administration’s student loan forgiveness plan as the Supreme Court is set to hear arguments on the case later this month.

Reps. Virginia Foxx (N.C.), the chairwoman of the House Committee on Education and the Workforce, and Jeff Duncan (S.C.) led 126 Republicans in filing the brief on Friday, according to a release from the committee.

In the brief, they criticized the administration’s citing of the Higher Education Relief Opportunities for Students (HEROES) Act as granting it the legal authority to issue broad cancellation to student loan borrowers.

The administration’s policy offers up to $10,000 in forgiveness for federal student loans for people making less than $125,000 per year. It offers up to $20,000 for those who received Pell Grants while in school.

Six states have filed a lawsuit against the policy, arguing that they will lose tax revenue as a result of the plan. The administration has argued that the states do not have standing to sue, and it has the authority through the HEROES Act, which allows the federal government to forgive student loan debt in times of national emergency.

Foxx said in a release announcing the brief that “abusing” the HEROES Act is “shameful,” and the administration’s action is a “political gambit” crafted by special interests.

“Moreover, this administration is bypassing Congress, which is elected by the American people to protect their interests,” she said. “Congress is the only body with the authority to enact sweeping and fundamental changes of this nature, and it is ludicrous for President Biden to assume he can simply bypass the will of the American people.”

Foxx told The Hill’s Bob Cusack on Thursday that the court must block the plan, which she said is “totally illegal.”

Duncan said the White House does not have the unilateral authority to broadly forgive student loan debt, and its attempt is a “political maneuver.”

“This exploits the original intention of the HEROES Act of 2003, oversteps the authority of Congress, undermines the will of the American people, and would send the country further into a debt spiral,” he said.

Other signatories include House Majority Leader Steve Scalise (R-La.), Majority Whip Tom Emmer (R-Minn.) and House Republican Conference Chairwoman Elise Stefanik (N.Y.).

The Biden administration stopped accepting new applications for relief in November as the policy was held up in court.

The Supreme Court will hear this case and another from a challenge brought by two individuals in Texas toward the end of the month.

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