Federal court backs Missouri AG motion to block Biden's 'illegal' student loan handout plan

Bailey's lawsuit targeted Biden's 'SAVE' Plan, which he says would cost Americans $475 billion

Missouri Attorney General Andrew Bailey announced that the U.S. District Court for the Eastern District of Missouri granted his motion to block what he called President Biden’s latest illegal student loan handout scheme.

Bailey said that Congress never gave Biden the authority to saddle working Americans with half-a-trillion dollars in other people's debt and that this is a huge win for the Constitution.

Bailey told FOX Business exclusively that it's a huge win for the rule of law.

"The Constitution makes clear that Joe Biden does not get to thwart Congress when it suits his political agenda. The Constitution will continue to mean something as long as I'm Attorney General," Bailey said.

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AG Andrew Bailey

Missouri AG Andrew Bailey gained a major legal win in his fight to stop President Biden's student loan forgiveness plan. (Bill Clark/CQ-Roll Call, Inc via Getty Images) (Fox News)

Bailey said his lawsuit targeted what the federal government calls the "SAVE" Plan, which in reality would have cost Americans $475 billion – $45 billion more than its last unlawful student loan plan. The Court’s order blocks the student loan handout from taking effect on July 1.

"I will not stand by while Joe Biden attempts to illegally saddle working Missourians with Ivy League debt," Bailey continued.

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The United States Supreme Court ruled in favor of Bailey’s previous challenge to what the AG called Biden's unilateral and unlawful wealth transfer of hundreds of billions of dollars in student loan debt.

In a 6-3 decision, Bailey said the Court struck down Biden’s plan as unconstitutional, citing the massive $430 billion-plus impact on the federal budget without express authority from Congress. 

The Court held that Missouri’s student loan servicing company, MOHELA, was an arm of Missouri’s state government, and therefore, granted the states standing to challenge the student loan plan.

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Student Loan Debt Cancellation Activists

WASHINGTON, DC - AUGUST 25: Student loan borrowers stage a rally in front of The White House to celebrate President Biden canceling student debt and to begin the fight to cancel any remaining debt on August 25, 2022, in Washington, DC.  (Paul Morigi/Getty Images for We the 45m / Getty Images)

"During my time in the United States Army, I swore an oath to protect the Constitution against enemies both foreign and domestic. I took a similar oath to uphold the Constitution when I was sworn in as Attorney General," Bailey said. "Only Congress has the power of the purse, not the President. Today’s ruling was a huge win for the rule of law, and for every American who Joe Biden was about to force to pay off someone else’s debt."

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Joining General Bailey in filing suit were the attorneys general of Arkansas, Florida, Georgia, North Dakota, Ohio and Oklahoma.