The Supreme Court on Thursday batted away an emergency appeal from a Wisconsin taxpayer group challenging President Joe Biden’s loan forgiveness program.

The emergency bid came after a U.S. District judge in Wisconsin dismissed the suit for lack of standing. But the challenge remains alive in an appeals court.

Associate Justice Amy Coney Barrett denied the request to temporarily block the program’s implementation by agroup of Wisconsin taxpayers to block the Biden administration’s student loan forgiveness program. Barrett denied the request without explanation, and without referring the appeal to the full court, as is often the case on the court’s emergency “shadow” docket.

Justice Barrett, who handles emergency matters arising from Wisconsin, acted alone in denying the request.

The appeal from the Brown County Taxpayers Association is one of several percolating in federal courts attempting to stop the effort, which critics argue exceeds the Department of Education’s authority.

The brief, one-line order comes after the Brown County Taxpayers Association on Wednesday urged the court to rule that the president’s nationwide debt cancellation plan illegally encroaches on Congress’s exclusive spending power. 

”‹Biden announced his plan in August and would cancel up to $20,000 in student loan debt for Pell Grant recipients and $10,000 for other borrowers, for people earning up to $125,000 a year or part of a household where total earnings are no more than $250,000.

Biden enacted the debt relief plan under the HEROES Act, which was passed after the September 11 attacks sparked an American-led military campaign aimed at terrorism. The act gave the administration authority to forgive student loan debt in association with military operations or national emergencies.

The administration asserted that the law allows loan forgiveness for Americans dealing with financial hardship because of the COVID-19 pandemic.

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