JEFFERSON CITY — Missouri Attorney General Andrew Bailey spearheaded a legal action involving seven states against the Biden Administration's new student loan program, termed the "SAVE" Plan.
The lawsuit challenges the plan's legality, contending that it will cost Americans $475 billion, $45 billion more than a previous similar plan, and violates the constitutional authority of the President.
Bailey argued that Biden lacks the unilateral power to cancel student loan debt without Congress's explicit consent.
"With the stroke of his pen, Joe Biden is attempting to saddle working Missourians with a half trillion dollars in college debt," Bailey said in a provided statement. "The United States Constitution makes clear that the President lacks the authority to unilaterally 'cancel' student loan debt for millions of Americans without express permission from Congress."
The lawsuit draws on a recent Supreme Court decision that struck down a previous attempt by the president to shift the burden of student loan debt onto certain groups without congressional approval.
Despite this setback, the Biden Administration has pursued a similar policy, prompting the states to challenge its constitutionality.
They argue that the president's actions represent a pattern of bypassing Congress to implement costly policies, undermining the principle of consent from the American people.
"The president does not get to thwart the Constitution when it suits his political agenda," Bailey said. "I’m filing suit to halt his brazen attempt to curry favor with some citizens by forcing others to shoulder their debts. The Constitution will continue to mean something as long as I’m attorney general."
The Supreme Court previously ruled in favor of Attorney General Bailey's challenge to the Biden Administration's student loan repayment plan, citing its unconstitutional nature and its significant impact on the federal budget. The Court granted standing to the states, recognizing Missouri's student loan servicing company as an arm of the state government.
Attorneys general from Arkansas, Florida, Georgia, North Dakota, Ohio and Oklahoma have joined Bailey in filing the lawsuit, which lays out a collective effort to challenge what they see as an overreach of executive authority and a violation of constitutional principles.
The attorneys general claim the president bypasses Congress and imposes significant policy changes through executive action, often in defiance of legal limits and Supreme Court rulings.
The attorneys general noted examples in the lawsuit, including attempts to enforce vaccine mandates, regulate energy producers and impose eviction moratoriums.
The attorneys general note the president's recent actions regarding student loans, specifically a new rule aiming to cancel a substantial amount of student loan debt.
"By usurping Congressional authority to the tune of hundreds of billions of dollars (if not more), and flouting the Supreme Court, Defendants seek to strike a blow to the Constitution’s very structure and centralize power within the executive alone," the complaint states. "The President’s 'Plan B' attempt to force taxpayers to pay for the debts of others is no stronger than his 'Plan A' attempt that was blocked last year."
The attorneys general claim just days after they announced they would file this suit, the president announced a Plan C, which his "advisers hope to use the rules to begin canceling waves of student debt in the run-up to the November election."
"This Court should speedily put a stop to the President’s unlawful attempt— again—to skirt Congress and the Constitution," the complaint states.