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Media Press Releases Eighth Circuit Bows to Right-Wing Politicians, Wreaking Havoc on Student Loan System by Blocking President Biden’s SAVE Plan

Eighth Circuit Bows to Right-Wing Politicians, Wreaking Havoc on Student Loan System by Blocking President Biden’s SAVE Plan

Advocates call on the Biden Administration to protect borrowers and halt student loan payments

July 18, 2024 | WASHINGTON, D.C. — Today, the Eighth Circuit ruled in favor of right-wing Attorneys General’s motion to block President Biden’s Saving on a Valuable Education repayment plan (the SAVE plan). The order temporarily blocks millions of student loan borrowers from accessing lower monthly payments and cancellation under SAVE. This income-driven repayment plan has already been available to borrowers since August 2023 and has already lowered monthly payments for millions of people and cancelled debts in full for hundreds of thousands.

In response, SBPC Executive Director Mike Pierce released the following statement:

“Today’s extreme, unsigned, single-sentence order from a judge out of Missouri’s Eighth Circuit Court of Appeals just sent the student loan system into chaos and borrowers will be forced to pay the price. It is clear that the Biden Administration can and must protect borrowers from this partisan lawfare—that means shutting the student loan system down until borrowers have access to the rights they were promised under the law.”

In response, SBPC Deputy Executive Director Persis Yu released the following statement:

“Right-wing politicians are using the courts to wreak havoc on the student loan system and put the economic stability of tens of millions of borrowers and their families at risk. Make no mistake: these lawsuits are shameful political gamesmanship designed to hurt President Biden at all costs, and borrowers are merely collateral damage. Unfortunately, today, the special interests have prevailed, imperiling the financial security of millions and throwing the student loan system into an untenable chaos. President Biden can and must shut the student loan system down to mitigate the widespread economic harm that could be imposed on borrowers.”

Background

On March 28, 2024, a coalition of 11 states led by Kansas Attorney General Kris Kobach sued in federal court to stop the SAVE plan. On April 9, 2024, this lawsuit was filed by another coalition of seven states led by the Missouri Attorney General. These collective states represent about one quarter of the borrowers who have already enrolled in the plan—with more than 2.5 million enrolled residents—but seek to invalidate the SAVE plan for the entire country. 

About the SAVE plan

The SAVE plan is one of several options for repaying federal student loans. It sets borrowers’ monthly payments based on their income, resulting in low or even $0 payments for low-income borrowers. Most borrowers’ monthly payments will be halved under SAVE. Of the more than 8 million borrowers who have enrolled, 4.6 million have a $0 monthly payment. Additionally, after 20 or 25 years, borrowers enrolled in SAVE can have their remaining balance cancelled. For borrowers who initially borrowed up to $12,000, their remaining balance will be cancelled after 10 years.

The U.S. Department of Education has already identified nearly half a million borrowers who are eligible to have their debts cancelled under SAVE, totaling nearly $5.5 billion in cancelled debt that will be put back into local economies, used to start businesses or buy homes, or just help hardworking families cover their basic needs. 

The SAVE plan is not a novel use of executive power. Congress gave the Department of Education the authority to make income-driven repayment plans in 1993 and the first income-driven plan was created in 1994. The SAVE plan is the fourth plan based on this authority in recent years and has been available since August 2023.

Further Reading

SBPC blog explaining the lawsuits by 18 states to block SAVE: The Biden Administration’s Latest Effort to SAVE Borrowers and the States that are Hell-Bent to Stop It

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About Student Borrower Protection Center

Student Borrower Protection Center (SBPC) is a nonprofit organization focused on eliminating the burden of student debt for millions of Americans. We engage in advocacy, policymaking, and litigation strategy to rein in industry abuses, protect borrowers’ rights, and advance racial and economic justice.

Learn more at protectborrowers.org or follow SBPC on Twitter @theSBPC.

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