Cases
Mackinac Center for Public Policy v. U.S. Department of Education
CASE: Mackinac Center for Public Policy v. U.S. Department of Education, Miguel Cardona, and Richard Cordray
STATUS: Active
NCLA ROLE: Counsel
COURTS HEARD IN: E.D. Mich.
ORIGINAL COURT: U.S. District Court for the Eastern District of Michigan
DECIDING COURT: U.S. District Court for the Eastern District of Michigan
OPENED: April 6, 2023
AGENCIES: Department of Education
FOCUS AREAS:
CASE SUMMARY
In response to the Covid-19 pandemic, Congress lawfully suspended monthly payment obligations and interest accrual on federally held student loans for a period limited to six months. After that statutory deferment period expired in September 2020, however, the Department of Education unilaterally extended it without congressional appropriation eight different times. In this case, NCLA challenges the legality of extending the suspension 30 months past the statutory expiration date, which has cost taxpayers over $150 billion from lost interest. Only Congress can categorically suspend repayment obligations for all student-loan borrowers nationwide, and only Congress can cancel the accrual of interest on student loan debt owed to the United States
Congress enacted the Public Service Loan Forgiveness Program (PSLF) in 2007 to help 501(c)(3) nonprofit organizations like the Mackinac Center attract employees with a debt-relief incentive keyed to working ten years for nonprofits. The Department of Education’s suspension of repayment obligations is an unlawful form of debt relief that substantially reduces the incentives PSLF provides and thus undermines Congress’s goals in enacting that program. As NCLA has argued previously, reducing that incentive directly harms nonprofit employers.
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RELEVANT MATERIALS
NCLA FILINGS
PRESS RELEASES
NCLA Asks Court to Uphold Lawsuit Against Dep’t of Education’s Illegal Student Loan Payment Pause
December 5, 2023 | Read More
Mackinac Center Asks Federal Court to Immediately Halt ED’s Unlawful Student Loan Payment Pause
May 11, 2023 | Read More
NCLA and Mackinac Center Challenge Unlawful Extensions of Federal Student Loan Deferments
April 19, 2023 | Read More