A federal judge in Texas struck down President Joe Biden’s student loan forgiveness program, declaring it illegal.
The lawsuit was filed by a conservative group, the Job Creators Network Foundation, on behalf of two borrowers who did not qualify for the debt relief.
Biden’s program had already been suspended since October 21 due to another legal challenge.
The Biden administration argues that Congress granted the Secretary of Education the power to broadly discharge student loan debt under a 2003 law known as the HEROES Act.
But the federal judge in Texas concluded that the law does not provide the Executive Branch with clear authorization from Congress to create the student loan forgiveness program.
“The program is therefore an unconstitutional exercise of legislative power and must be vacated,” wrote Judge Mark Pittman, appointed by then-President Donald Trump.
“In this country, we are not governed by an all-powerful executive with a pen and a phone,” he continued.
The Department of Justice said it will appeal the decision.