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Appeals court rules against Biden administration request to restart student loan forgiveness plan

The three-judge panel at the 5th Circuit Court of Appeals ruled the policy as 'unlawful'

Published: December 1, 2022 9:34am

Updated: December 1, 2022 10:11am

A federal appeals court has rejected the Biden administration's request to reinstate its student loan forgiveness program.

The U.S. Court of Appeals for the Fifth Circuit, in Louisiana, ruled Wednesday night that it would not pause a ruling from a Texas judge striking down the policy while an appeal of the ruling is still underway.


The ruling by a three-judge panel of the court is expected to result in the Justice Department taking the case to the Supreme Court, which is already considering a separate request from the administration to reverse an order from the 8th US Circuit Court of Appeals blocking the loan forgiveness program, according to CNN.

The administration had requested that the court rule by Dec. 1 so it could possibly appeal the case to the Supreme Court.

"The fifth circuit correctly rejected the Biden administration’s attempt to reinstate the student loan bailout pending appeal," said Elaine Parker, president of the Job Creators Network Foundation.

"Despite the administration being unlikely to prevail on the merits of this case, it had hoped to allow the program to move forward so that it could get money out the door to debtors and claim victory."

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