Judge strikes down Biden student loan forgiveness plan as unconstitutional

Court calls Biden's action one of the most egregious overreaches in executive history.

Updated: November 10, 2022 - 9:52pm

A federal judge in Texas on Thursday night struck down President Joe Biden's student loan forgiveness plan, calling it one of the most egregious executive overreaches in presidential history.

U.S. District Judge Mark Pittman made the decision in a case brought by two Americans and supported by the small business group Job Creators Network.
 
"Whether the Program constitutes good public policy is not the role of this Court to determine. Still, no one can plausibly deny that it is either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in the history of the United States," Pittman wrote. 
 
Pittman wrote Biden's plan violated the separation of powers in the Constitution. 
 
"In this country, we are not ruled by an all-powerful executive with a pen and a phone. Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government," he wrote.
 
"The Court is not blind to the current political division in our country. But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved."
 
Job Creators Network President Alfredo Ortiz hailed the decision.
 
"This ruling protects the rule of law which requires all Americans to have their voices heard by their federal government," Ortiz told Just the News. "This attempted illegal student loan bailout would have done nothing to address the root cause of unaffordable tuition: greedy and bloated colleges that raise tuition far more than inflation year after year while sitting on $700 billion in endowments.
 
"We hope that the court's decision today will lay the groundwork for real solutions to the student loan crisis."