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BIG BAD FARAWAY JUDGE - A Republican-appointed U.S. federal judge in Georgia raised eyebrows and objections Thursday after taking what observers called the "unprecedented" step of blocking a rule that hasn't even been finalized in order to stop the Biden administration from implementing a plan to deliver promised debt relief to millions of student borrowers.
U.S. District Judge for the Southern District of Georgia James Randal Hall issued an order blocking the Biden administration's proposed federal student debt relief rule. Hall—an appointee of former President George W. Bush—granted a motion by a coalition of right-wing state attorneys general to preempt the rule's eventual implementation.
"The court is substituting its judgment for those elected to serve the public," American Federation of Teachers president Randi Weingarten said in response to the ruling. "It subverts the democratic process and denies relief to student loan borrowers, many of whom rely on debt relief programs already advanced by the Biden-Harris administration."
"This court's unprecedented decision to block a rule that does not yet exist is not only bad for the 30 million borrowers who were relying on the administration to deliver much-needed relief," she continued. "It's a harbinger of the chaos and corruption right-wing judges seek to force on the American people."
Mike Pierce, executive director of the Student Borrower Protection Center—which called the ruling "dangerous and unprecedented"—denounced Hall for preventing the Biden administration from delivering student debt relief "even though no plan has been finalized."
"This is an extraordinary break with precedent and a brazen move by the conservative movement to shift even more power to unelected, unaccountable red-state judges," he said. "Opponents of democracy are terrified that they will lose again at the ballot box in November and are rushing to right-wing judges to hamstring democratic governance."
"This is the clearest sign yet that Project 2025 is already terrorizing student loan borrowers through a slow-moving judicial coup," Pierce added, referring to a conservative coalition's agenda for a far-right takeover of the federal government—which critics warn would worsen the U.S. student debt crisis.
Biden's proposal would forgive some or all student debt for around 30 million borrowers who have been repaying undergraduate loans for at least 20 years, or graduate loans for 25 years.
Hall's order is based on what he said was the plaintiffs' "substantial likelihood of success on the merits given the rule's lack of statutory authority" and U.S. Education Secretary Miguel Cardona's "attempt to implement a rule contrary to normal procedures."
"This is especially true in light of the recent rulings across the country striking down similar federal student loan forgiveness plans," he added.
The U.S. Supreme Court's right-wing supermajority last year struck downBiden's initial plan to relieve up to $20,000 in federal scholastic debt for around 40 million borrowers, and last month the justices kept in place a sweeping suspension of the administration's Saving on a Valuable Education (SAVE) program, which aims to lower monthly repayments and hasten loan forgiveness.
(Brett Wilkins is a staff writer for Common Dreams where this article was first published.)
