Appeals court ruling keeps Biden student debt plan on hold

ST. LOUIS — President Joe Biden’s plan to forgive student loan debt for millions of borrowers was handed another legal loss Monday when a federal appeals court panel agreed to a preliminary injunction halting the program while an appeal plays out.

The ruling by the threejudge panel from the 8th U.S. Circuit Court of Appeals in St. Louis came days after a federal judge in Texas blocked the program, saying it usurped Congress’ power to make laws. The Texas case was appealed and the administration is likely to appeal the 8th Circuit ruling as well.

The plan would 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, would get an additional $10,000 in debt forgiven. The cancellation applies to federal student loans used to attend undergraduate and graduate school, along with Parent Plus loans.

The Congressional Budget Office has said the program will cost about $400 billion over the next three decades.

A federal judge on Oct. 20 allowed the program to proceed, but the 8th Circuit the next day temporarily put it on hold while it considered an effort by the states of Nebraska, Missouri, Iowa, Kansas, Arkansas and South Carolina to block the loan forgiveness plan.

The new ruling from the panel made up of three Republican appointees — one was appointed by President George W. Bush and two by President Donald Trump — extends the hold until the issue is resolved in court.

Part of the states’ argument centered around the financial harm the debt cancellation would cause the Missouri Higher Education Loan Authority.

“This unanticipated financial downturn will prevent or delay Missouri from funding higher education at its public colleges and universities,” the 8th Circuit ruling stated.

Nebraska Attorney General Doug Peterson, a Republican, said in a statement that the ruling “recognizes that this attempt to forgive over $400 billion in student loans threatens serious harm to the economy that cannot be undone. It is important to stop the Biden administration from such unlawful abuse of power.”

A message seeking comment from the White House wasn’t immediately returned.

MADDIE MCGARVEY / NYT Former president Donald Trump arrives at a rally in Dayton, Nov. 7. Former chief of staff John Kelly said Trump wanted investigations into perceived enemies including EX-FBI director James Comey.