Republican AGs Counter Latest Student Loan Repayment Relief Efforts

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  • A group of 23 Republican AGs, led by Missouri AG Andrew Bailey and Kansas AG Kris Kobach, wrote a letter to the Secretary of the U.S. Department of Education (ED) expressing opposition to the ED’s Proposed Rule which would give it authority to grant hardship waivers of certain student loan debts.
  • In the letter, the AGs urge ED to withdraw the Proposed Rule—which would authorize the ED to waive some outstanding student loan balances due to hardship or where the costs of enforcing the debt are not justified by the expected benefits of collection—contending that the Rule exceeds the ED’s statutory authority; is enjoined by a prior federal district court ruling; violates separation-of-power principles under the Major Questions Doctrine; includes flawed cost estimates; is based on a statutorily deficient negotiated rulemaking process; and seeks to implement a loan forgiveness program close to the inauguration of a new administration, which should be permitted to direct policy.
  • We have previously reported on other AG actions related to proposed federal student loan relief, including a lawsuit filed by 11 Republican AGs against the Biden administration and comments by 19 Democratic AGs urging the ED to implement proposed regulations.
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