An attorney with a so-called “Libertarian law firm” called the “Pacific Legal Foundation” has filed a federal civil complaint against the Biden Department of Education over the student debt forgiveness program, this first in a long expected assault on the plan. In the complaint, Frank Garrison of the PLF argues his standing is that because he paid off his debt to go to law school, he is injured by the forgiveness of up to $10,000 in student debt for Americans still carrying it.

“Student debt cancellation has been the subject of great debate in America for at least a decade. Some argue that the government should provide relief to students to offset skyrocketing tuition costs and the consequent debt incurred by many to attend college. Others point to the regressive quality of student debt relief, arguing that it is unfair to cancel student debts that were freely assumed with taxes raised from those who predominately have not attended college, or attended but avoided debt, or paid it off. Congress has authorized a variety of student debt relief programs, including the Public Service Loan Forgiveness program, by which some debt is written off for students who choose to work in relatively lower-paying public service or non-profit organization positions after graduation and follow program rules for a period of years. Perhaps because of the costs of student loan cancellation, or its potential impact on the economy, or the inherently divisive nature of this debate, Congress has declined to enact more sweeping debt cancellation. This is, of course, Congress’s prerogative under our Constitution, as Congress is the branch of government that possesses the exclusive power to make law,” writes Garrison in the intro to the complaint.