In a bold move to block the Biden administration's new student loan repayment plan, a group of 11 Republican-led states, including Kansas, Alabama, Texas, and Utah, filed a federal lawsuit on Thursday, alleging that President Biden exceeded his authority in creating the plan. The lawsuit claims that the new plan, called the SAVE Plan, is no different from Biden's previous attempt at student loan cancellation, which was rejected by the Supreme Court last year.

The SAVE Plan, introduced by President Biden in 2022, aims to provide a faster path to loan cancellation and lower monthly payments for millions of borrowers. Since its implementation, the plan has already canceled loans for more than 150,000 borrowers. However, the Republican states argue that the President's actions are illegal and that the Supreme Court has already ruled against similar measures in the past.

The Education Department, while declining to comment on the lawsuit, acknowledged that it has the authority, granted by Congress in 1993, to define the terms of income-driven repayment plans. In response to the lawsuit, the department reiterated the administration's commitment to providing support and relief to borrowers across the country.

The Biden administration's plan also includes a provision to cancel up to $20,000 in debt for over 40 million Americans. However, the Supreme Court blocked this part of the plan after Republican states sued. The new lawsuit challenging the SAVE Plan was filed in federal court in Kansas by Kansas Attorney General Kris Kobach, who requested that any trial take place in Wichita, the state's largest city.

The lawsuit seeks to halt the plan immediately, citing the legal limitations on President Biden's authority. Kobach, speaking at a news conference, criticized the President's actions, stating that "the law simply does not allow President Biden to do what he wants to do."

The SAVE Plan is a modified version of existing income-based repayment plans offered by the Education Department since the 1990s. The plan offers more generous terms, reducing monthly payments for more borrowers and allowing for loan cancellation in as little as 10 years. It also prevents interest from accumulating as long as borrowers make their monthly payments.

Although the plan's provisions are being phased in this year, with the quicker path to cancellation originally set to take effect later this summer, the Biden administration accelerated the benefit and began canceling loans for some borrowers as early as February. President Biden has stated that the plan was designed to provide borrowers with the necessary breathing room to escape the burden of student loan debt.

Supporters of the plan argue that it was implemented through federal regulation, amending existing plans, and therefore, is legally sound. However, in the new lawsuit, Kobach contends that President Biden should have gone through Congress to make such substantial changes.

The states involved in the lawsuit argue that the Biden administration's plan will have detrimental effects. The lawsuit comes amidst a "day of action" hosted by the White House to promote the SAVE Plan, highlighting its popularity with over 7.7 million borrowers who have already enrolled.

The outcome of this lawsuit will potentially have significant implications for the future of student loan repayment and cancellation plans, as well as the broader powers of the executive branch in implementing major policy changes.

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