- Two federal judges blocked parts of the SAVE income-driven, student-loan repayment plan on Monday.
- The rulings mean that student-loan forgiveness and lower payments set to begin in July cannot move forward.
- The Justice Department is appealing the rulings, and the courts have yet to make final decisions.
Legal challenges against President Joe Biden's student-debt relief efforts are back — and the latest rulings are bad news for his new repayment plan.
On Monday evening, district courts in Kansas and Missouri handed down rulings blocking parts of the new SAVE income-driven repayment plan, first introduced last summer with the goal of giving borrowers more affordable payments and a shorter timeline for loan forgiveness.
The first lawsuit was filed in March in Kansas by 11 GOP state attorneys general, and the second was filed in April in Missouri by seven GOP state attorneys general. In both cases, the plaintiffs requested that the courts block the SAVE plan and the loan forgiveness that comes with it, arguing that the relief is beyond the administration's authority.
Monday's district court rulings were different, but both dealt blows to the SAVE plan. Kansas Judge Daniel Crabtree ruled that new provisions through SAVE set to go into effect July 1, like lower monthly payments, cannot be implemented as the legal process progresses. Missouri Judge John Ross ruled that the plan's provision to cancel student debt for borrowers with original balances of $12,000 or lower who made as few as 10 years of qualifying is now blocked, as well.
Education Secretary Miguel Cardona condemned the rulings on Monday, saying in a statement that "the Department of Justice will continue to vigorously defend the SAVE Plan."
"Republican elected officials and special interests sued to block their own constituents from being able to benefit from this plan – even though the Department has relied on the authority under the Higher Education Act three times over the last 30 years to implement income-driven repayment plans," Cardona said.
"While we continue to review these rulings, the SAVE plan still means lower monthly payments for millions of borrowers - including more than 4 million borrowers who owe no payments at all, and protections for borrowers facing runaway interest when they are making their monthly payments," he added.
Here's what borrowers should know about the rulings.
First ruling: No new payment reforms
Student-loan borrowers who have already enrolled in SAVE can continue making the payments the plan calculated for them. However, the new provisions set to go into effect July 1 — including cutting undergraduate borrowers' payments in half and forgiveness credit for period of deferment of forbearance — are halted.
Here's why: Kansas' Crabtree ruled, in part, in favor of the attorneys general, and he explained in his ruling that the SAVE plan's monthly payment cap and shortening of the payment period for forgiveness "overreach any generosity Congress has authorized before."
However, Crabtree ruled to preserve the provisions of SAVE that have already gone into effect because the plaintiffs failed to adequately show how they suffered harm from parts of the plan already in place. For example, the Education Department outlined in June 2023 its intention to cap monthly payments and announced the shorter timeline to forgiveness a month in advance, leaving the attorneys general with time to challenge the plan earlier.
"All of this is to ask why: if these parts of the SAVE Plan promised an irreparable harm to plaintiffs, why didn't they move to enjoin the SAVE Plan before they took effect?" Crabtree wrote.
However, with regards to the new SAVE provisions set to go into effect July 1, Crabtree ruled that the plaintiffs succeeded in showing harm because there was no delay in challenging the plan's unimplemented provisions, and any forthcoming relief would be irreversible.
So rather than reversing or altering any of the provisions through SAVE already implemented, Crabtree decided to halt any new measures that have yet to be implemented until the court makes a final decision.
Second ruling: No student-loan forgiveness
While thousands of borrowers have already received student-loan forgiveness through the SAVE provision, which cancels debt for borrowers with original balances of $12,000 or less, no more borrowers will be able to partake in that relief for now.
Missouri's Ross handed down a different ruling regarding SAVE. He first said that Missouri's argument that the plan would harm student-loan company MOHELA — based in Missouri — due to lost revenue has standing, given it was the same conclusion the Supreme Court reached when it struck down Biden's first attempt at broad debt relief last summer.
With regards to the fate of SAVE, Ross decided that while already implemented provisions of SAVE can remain, any future student-loan forgiveness through the plan is blocked. He wrote that Congress did not account for the scale of loan forgiveness under SAVE, and as a result, the attorneys general have "a 'fair chance' of success on the merits on their claim that the Secretary has overstepped its authority by promulgating a loan forgiveness provision as part of the SAVE program."
He also said that even without allowing student-loan forgiveness, the other provisions, like lower payments and limited interest accrual, will still provide relief to borrowers. Since the attorneys general did not adequately argue why the other provisions should be blocked, Crabtree said he would only place a preliminary injunction on the debt cancellation.
Cardona said on Tuesday that the Justice Department will appeal the rulings.
White House Press Secretary Karine Jean-Pierre said in a statement that the Education Department will "continue to enroll more Americans in SAVE and help more students and borrowers access the benefits of the plan that remain available, including $0 payments for anyone making $16 an hour or less, lower monthly payments for millions more borrowers, and protecting borrowers from runaway interest if they are making their monthly payments."