The Biden administration has asked the Supreme Court to overturn the decision blocking the student loan plan.
The move marks the latest attempt by the Biden administration to revive its plan to forgive some student loans after widespread complaints.
In the case before the US Supreme Court, the administration argued that “Congress specifically authorized the Secretary of Education to amend any applicable law or regulation … to ensure that borrowers affected by a national emergency are not disadvantaged when comes to their student loans.”
Earlier this week, a federal judge in Texas struck down the Biden administration’s student loan relief program.
The lawsuit was supported by the Job Creators Network Foundation on behalf of two borrowers.
The Biden administration has indicated it is appealing the decision by Judge Mark Pittman, appointed by former Republican President Donald Trump.
In his ruling, the judge pointed out that the HEROES Act, which provides financial assistance for loans to military personnel and which the Biden administration relied on to establish its debt relief program debts, did not allow the implementation of a student loan cancellation program.
“We strongly disagree with the district court’s ruling on our student debt relief program,” White House spokeswoman Karine Jean-Pierre said in a statement.
The program is an unconstitutional exercise of congressional legislative power and must be struck down, Pittman said.
“For the 26 million borrowers who have already provided the Ministry of Education with the necessary information to be considered for debt restructuring – of which 16 million have already been approved – the Ministry will store their information in order to process their cases quickly once we have won our case in the court,” said Jean-Pierre.
The move comes after a federal appeals court temporarily blocked the debt relief program in a lawsuit brought by six Republican states.
US President Joe Biden announced at the end of August the cancellation of part of the student loans taken out by people who earn less than 125,000 dollars a year, and the extension of the payment freeze until the end of the year.
That measure would have made it possible to write off $10,000 for people who didn’t benefit from a federal grant to pay for their college studies, and $20,000 for those with more modest incomes who received one.
Canceling some student loans was part of Biden’s campaign promises.