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Appeals court extends block of Biden administration’s student loan forgiveness plan

The U.S. Court of Appeals for the Eighth Circuit on November 14 extended its pause on the Biden administration’s plan to forgive up to $20,000 of federal student loan debt per borrower. The court initially blocked the plan on Oct. 21, and forgiveness will remain frozen until the court reviews an appeal from six states suing the administration. The states argue the executive branch does not have the power to forgive student loans without the approval of Congress.

The appeal came after U.S. District Judge Henry Autrey ruled on Oct. 20 that the states did not sufficiently demonstrate that the forgiveness plan harmed them, so they did not, in his view, have the standing to sue. The states argued that the administration’s forgiveness plan would harm their investments and reduce their tax revenues, which was, in their view, a sufficient basis to sue.

The six states (Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina) filed a joint lawsuit against the Biden administration on September 29. The states alleged the administration overstepped its executive authority under the HEROES Act. The states also argued that the Department of Education was legally required to collect student loans and could not stop collecting without congressional approval.

Of the six states, five have Republican trifectas and one (Kansas) has a divided government. All of the states except Iowa have Republican attorneys general.

If the forgiveness plan survives court challenges, it will cancel $10,000 in student loan debt per person for individual tax filers making less than $125,000 or married filers with less than $250,000 in income. Pell Grant recipients are eligible to have an additional $10,000 forgiven under the plan.

Additional reading:

State responses to federal mandates

Court cases related to federalism

Legislation related to federalism



Appeals court temporarily blocks Biden administration’s student loan forgiveness plan

The U.S. Court of Appeals for the Eighth Circuit on Oct. 21 temporarily blocked the Biden administration’s plan to forgive up to $20,000 of federal student loan debt per borrower. The forgiveness will remain frozen until the court reviews an appeal from six states suing the administration. The states allege the executive branch does not have the power to forgive student loans without the approval of Congress.

The appeal came after U.S. District Judge Henry Autrey ruled that the states did not sufficiently demonstrate that the forgiveness plan harmed them, so they did not, in his view, have the standing to sue. The states argued that the administration’s forgiveness plan would harm their investments and reduce their tax revenues, which was, in their view, a sufficient basis to sue.

The six states (Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina) filed a joint lawsuit against the Biden administration on September 29. The states alleged the administration overstepped its executive authority under the HEROES Act. The states also argued that the Department of Education was legally required to collect student loans and could not stop collecting without congressional approval.

Of the six states, five have Republican trifectas and one (Kansas) has a divided government. All of the states except Iowa have Republican attorneys general.

If the forgiveness plan survives court challenges, it will cancel $10,000 in student loan debt per person for individual tax filers making less than $125,000 or married filers with less than $250,000 in income. Pell Grant recipients are eligible to have an additional $10,000 forgiven under the plan.

Additional reading:

  1. Court cases related to federalism
  2. Legislation related to federalism


U.S. weekly unemployment insurance claims rise to 217,000

New applications for U.S. unemployment insurance benefits rose 3,000 for the week ending October 22 to a seasonally adjusted 217,000. The previous week’s figure was unrevised at 214,000. The four-week moving average as of October 22 rose to 219,000 from an unrevised 212,250 as of the week ending October 15.

The number of continuing unemployment insurance claims, which refers to the number of unemployed workers who filed for benefits at least two weeks ago and are actively receiving unemployment benefits, rose 55,000 from the previous week’s revised number to a seasonally adjusted 1.438 million for the week ending October 15. Reporting for continuing claims lags one week.

Unemployment insurance is a joint federal and state program that provides temporary monetary benefits to eligible laid-off workers who are actively seeking new employment. Qualifying individuals receive unemployment compensation as a percentage of their lost wages in the form of weekly cash benefits while they search for new employment.

The federal government oversees the general administration of state unemployment insurance programs. The states control the specific features of their unemployment insurance programs, such as eligibility requirements and length of benefits.

Additional reading:

  1. Unemployment insurance
  2. Unemployment insurance fraud


Trial held in six-state lawsuit against Biden administration student loan forgiveness

James Campbell, a lawyer from the Nebraska Attorney General’s office, represented six states in a trial on October 12 to block the Biden administration’s plan to forgive up to $20,000 of federal student loan debt in the United States District Court for the Eastern District of Missouri.

Campbell argued that the administration’s proposal would harm the investments and tax revenues of the states he was representing. He also argued the Department of Education did not have the authority under the Health and Economic Recovery Omnibus Emergency Solution (HEROES) Act to forgive federal student loan debts.

Brian Netter, the lawyer representing the U.S. Department of Justice, argued that the HEROS Act was designed to allow the executive branch to provide relief related to the coronavirus pandemic. He said increased late debt payments among student loan borrowers justified the forgiveness plan under the law.

U.S. District Judge Henry Autrey is presiding over the case and has not yet released a decision.

Six states (Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina) filed a joint lawsuit against the Biden administration on September 29. The states alleged the administration overstepped its executive authority and was “not remotely tailored to address the effects of the pandemic on federal student loan borrowers.” The states also argued that the Department of Education was legally required to collect student loans and could not stop collecting without congressional approval.

Of the six states, five have Republican trifectas and one (Kansas) has a divided government. All of the states except Iowa have Republican attorneys general.

If the forgiveness plan survives court challenges, it will cancel $10,000 in student loan debt per person for individual tax filers making less than $125,000 or married filers with less than $250,000 in income. Pell Grant recipients are eligible to have an additional $10,000 forgiven under the plan.

Additional reading:

Court cases related to federalism

Legislation related to federalism



Indiana Rep. Jackie Walorski killed in car accident

Indiana Rep. Jackie Walorski (R) was killed in a wrong-way vehicle crash on Aug. 3, 2022. Walorski was driving on an Indiana highway with two members of her staff, who were also killed in the crash.

Walorski represented Indiana’s 2nd Congressional District. She was first elected in 2012. Prior to serving in the U.S. Congress, Walorski worked as a television reporter and nonprofit director. She served as a member of the Indiana House of Representatives from 2004 to 2010.

A special election will be called to fill the vacancy created by Walorski’s death. Indiana Gov. Eric Holcomb (R) stated that his office had not begun the process to set the election. Walorski’s seat is also up for election in the general election on Nov. 8.

Since 2019, eight members of Congress have passed away while serving their terms. Three of those members were Democratic, while the other five were Republican.

The Constitution requires that vacancies in the House be filled through an election. In the first session of any Congress, all states, territories, and districts mandate a special election in case of a vacancy in any House seat. If the vacancy occurs during the second session, requirements differ based on the length of time between when the vacancy occurs and the next general election.

The process for filling House vacancies is distinct from that of filling vacancies in the U.S. Senate, where 37 states fill vacancies through gubernatorial appointment and the remaining 13 require a special election.

Additional reading:

Special elections to the 117th United States Congress (2021-2022)