FORT WORTH - A Texas federal judge has granted summary judgment in favor of the plaintiffs who sued the U.S. Department of Education for allegedly violating the Administrative Procedure Act by promulgating a Debt Forgiveness Program behind closed doors.
The lawsuit was brought by Myra Brown and Alexander Taylor and filed on Oct. 10 in the U.S. District Court for Northern Texas.
On Nov. 10, U.S. District Judge Mark Pittman found that the program is an unconstitutional exercise of Congress’s legislative power and must be vacated.
“In this case, the HEROES Act— a law to provide loan assistance to military personnel defending our nation—does not provide the executive branch clear congressional authorization to create a $400 billion student loan forgiveness program,” Pittman’s order states.
“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. And having interpreted the HEROES Act, the Court holds that it does not provide “clear congressional authorization” for the Program proposed by the Secretary.”
The order also denied the defendants’ motion to dismiss.
A notice of appeal was filed on Nov. 10, court records show
The plaintiffs are represented by Consovoy McCarthy PLLC.
Case No. 4:22-cv-00908-O