Sens. Marshall, Moran Join Colleagues in Filing Amicus Brief Challenging President Biden’s Student Loan Cancellation

(Washington, D.C., February 10, 2023) – U.S. Senators Roger Marshall, M.D. (R-Kan.) and Jerry Moran (R-Kan.) recently joined their Senate colleagues in filing an amicus brief to the Supreme Court of the United States in Biden v. Nebraska and Department of Education v. Brown, dual cases challenging the Biden administration’s student loan cancellation plan. The Senators argue that the Biden administration’s unilateral decision to forgive federal student loan debt in these circumstances is an overreach of executive power and circumvents the authority of Congress. 

“The executive has failed in its constitutional duty to faithfully execute the law, exploiting the end of a pandemic to adopt policies at odds with those of the people’s representatives in Congress,” the Senators wrote. “The cancellation program is contrary to law and the Constitution, and reflects an unprecedented executive aggrandizement of the fiscal powers vested exclusively in Congress. Where the President has failed in his duty to faithfully execute the law, it is the province and duty of the court to remind him of that obligation.”

According to the Congressional Budget Office (CBO), President Biden’s student loan cancellation plan before the Supreme Court is estimated to cost $400 billion in taxpayer dollars. This is in addition to the pause of student loan repayment, which has been extended six times by the Biden administration and cost taxpayers $195 billion to date.

The Supreme Court is scheduled to hear arguments on both cases on Feb. 28.

You may click HERE to read the full amicus brief.