Columbus, OH – On Friday, The Buckeye Institute filed an amicus brief in Kansas v. Biden, with the United States District Court for the District of Kansas, arguing—as it previously did in both Biden v. Nebraska and U.S. Department of Education v. Brown—that the Biden administration’s newest student debt cancellation program exceeds the legal authority of the secretary of education, is arbitrary and capricious, and was adopted in a procedurally improper manner.

“Congress did not appropriate funds to be given away without the possibility of repayment,” said Robert Alt, president and chief executive officer of The Buckeye Institute. “Despite clear limitations, the U.S. Department of Education fabricated a new student loan forgiveness program without Congressional approval. As with the Biden administration’s original plan—which the U.S. Supreme Court already ruled to be unconstitutional last year—this latest endeavor also violates the U.S. Constitution and is yet another attempt to circumvent Congressional authority.”

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UPDATE: On June 24, 2024, the U.S. District Court for the District of Kansas agreed with arguments made by The Buckeye Institute when it ruled that the Biden administration’s SAVE Plan is unlawful because the Department of Education lacks the authority to institute this loan forgiveness program. The court enjoined the administration from implementing the plan. In another case—Missouri v. Biden—challenging the SAVE Plan the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction prohibiting the Biden administration from implementing the program.