Pacific Legal Foundation may have impressed its donors, but it will not impress the courts.
on the plan, the administration declared: “Nearly 8 million borrowers may be eligible to receive relief automatically because their relevant income data is already available to the Department.” The Department of Education said the same thing in anabout the program. Garrison asserts that he is part of this class of borrowers who will receive automatic debt cancellation.
Which leads us to problem number one: It’s not clear that Garrison is going to receive automatic debt relief. He thinks he will because he “recently certified his employment status and income” with the Department of Education through his loan servicer. There’s no guarantee, however, that this action alone qualifies Garrison for automatic cancellation. Perhaps the loan servicer failed to report his income to the Department of Education.
Even if Garrison could somehow surmount the ripeness hurdle to show he does in fact face imminent harm, he’d crash into another barrier: The Biden administration hasn’t finalized the program, so the courts lack authority to block it.
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