The Brown County Taxpayers Association has attempted to halt the plan in state courts unsuccessfully, but recently filed a “writ of injunction pending appeal,” saying that Biden is acting unconstitutionally, the Post Millennial reported.
The group alleged that the administration, working with the Department of Education, has “unconstitutionally and unlawfully exercised ‘congressional power under the taxing and spending clause of Art. 1§8 of the Constitution’ by forgiving student loan debt owed to the federal treasury, which is an appropriation of federal funds,” which is an unconstitutional overreach of government power.
The group is also arguing that the government’s actions are in violation of the Equal Protection doctrine and the Administrative Procedures Act.
BCTF aims to have the Supreme Court block the Biden administration from carrying out the program by way of a temporary restraining order.
The group also alleged that Biden was acting “unilaterally and without any legal authority from Congress,” equating the situation to times leading up the Revolutionary War.
“When the Founding Fathers complained that King George III imposed ‘Taxes on us without our Consent’ and with them ‘erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat our their substance’.”
They also compared the situation to the pre-Revolutionary “Stamp Act,” adding massive taxes and spending without discussing the situation with people’s representatives.
The group also called out the government pushing to declare the country to be a “disaster area,” which would allow anyone under a certain income to qualify for student loan relief with an open preference for “diverse” candidates to meet goals of racial equity.
“Officials from the previous two administrations have determined that the President does not have the power to forgive student loans in this manner,” they argued.
BCTF is not the only group to attempt a challenge of the behemoth tax increase.
A libertarian group in California launched a lawsuit after the announcement of the plan, along with the Job Creators Network Foundation, both of whom allege that the bailout is unconstitutional and an executive overreach.