In Shocking Reversal, Eighth Circuit Orders Lower Court to Bless Back-Room Settlement Killing SAVE for All

March 9, 2026 | WASHINGTON, D.C. — In a stunning decision, today the Eighth Circuit Court of Appeals went beyond right-wing Attorney Generals’ (AGs) motion to stay the lower court’s dismissal of Missouri v. Trump and instead directed the lower court to vacate the Saving on a Valuable Education (SAVE) repayment plan. The ruling grants the request of both the Missouri AG and the Trump Administration’s Department of Justice, who had jointly asked the court to kill the program, without determining its legal validity. This ruling comes as energy prices skyrocket and the American people are hit with yet another lever in a punishing affordability crisis.

In response, Protect Borrowers Legal Director Winston Berkman-Breen released the following statement:

“Today’s ruling didn’t come out of nowhere. President Trump and Republican Attorneys General worked together to ask a hand-picked, conservative federal court to kill the SAVE plan—and today a panel of judges granted their request, no facts needed, no showing of legal merit required.

“The millions of borrowers who had a right to lower monthly student loan payments and relief through SAVE will now face thousands of dollars in higher bills every year, thanks to the right-wing campaign against borrowers. Nearly 8 million people will see their costs climb, even as voters across party lines beg Trump to do something about America’s affordability crisis. He has done the opposite.

“The precedent this sets is deeply concerning. If right-wing states sue the Trump Administration in the 8th Circuit to challenge any rule, and the parties together ask the court to vacate the rule, will the court grant their request, as they’ve done here? This decision affirms Americans’ worst fears: in Donald Trump’s judiciary, partisan politics comes before equal justice.”

Meanwhile, four student loan borrowers, represented by Public Goods Practice, LLP, filed a separate federal lawsuit today, asking the court to order ED to fully implement SAVE, cancel balances for eligible SAVE borrowers, and return access for borrowers who sought access to SAVE benefits but were denied relief. The filed complaint argues that ED has made clear it refuses to implement SAVE given its denial of the plaintiff’s requests for relief and through its court filings and external communications.

Further Reading

Protect Borrowers statement on the district court judge’s order to dismiss Missouri v. Trump: https://protectborrowers.org/save-springs-back-to-life-court-dismisses-case-in-missouri-v-trump/

Protect Borrowers blog on the scheme to kill SAVE: https://protectborrowers.org/is-save-dead/

AGs’ court filings appealing the district court judge’s dismissal of Missouri v. Trump: https://www.courtlistener.com/docket/72371246/state-of-missouri-v-donald-trump/?order_by=desc

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About Protect Borrowers

Protect Borrowers (formerly Student Borrower Protection Center) is a nonprofit organization led by a team of experts, lawyers, and advocates fighting to build an economy where debt doesn’t limit opportunity. We investigate financial abuses, take predatory companies to court, and push for policies to protect working people from debt traps. We aim to deliver immediate relief to families while building power, driving systemic change, and fighting for racial and economic justice.

Learn more at protectborrowers.org or follow us on social @BorrowerJustice.