Joe Biden
President Joe BidenEvan Vucci/AP
  • SCOTUS is being asked to block Biden's student debt relief.

  • A federal judge struck down the group's lawsuit.

  • The loan forgiveness is unconstitutional because it has an improper racial motive, according to the group.

The Supreme Court is being asked to block the student-loan forgiveness plan from being implemented by the president.

The Brown County Taxpayers Association in Wisconsin filed an emergency request to the Supreme Court on Wednesday, asking to temporarily pause Biden's student-debt relief plan before Sunday.

The conservative group, represented by the Wisconsin Institute for Law and Liberty, initially filed a lawsuit against the debt relief, arguing that it has an "improper racial motive" to help Black borrowers. A federal judge threw out the lawsuit.

The group is trying to stop Biden's plan from taking effect while they appeal the decision.

Lawyers for the group wrote in a brief to the court that the assault on our separation of powers is unprecedented.

Will President and General Counsel Rick Esenberg called on the U.S. Supreme Court to weigh in on the President's unconstitutional student loan relief plan before Sunday. Will is proud to represent American taxpayers and to submit the first claim to the Supreme Court.

No student debt would be canceled before October 23 according to a previous court filing. The group wants the Supreme Court to answer two questions about the legality of loan forgiveness, one of which is whether a taxpayer can file a lawsuit in federal court.

The HEROES Act has been debated for a long time. While his administration said it gives the Education Secretary the authority to modify or waive student loan balances in connection with a national emergency, many conservatives claim Biden's policy is an overreach of that authority.

At least six major conservative groups have filed lawsuits seeking to stop Biden's student-debt relief, and while federal judges have struck down at least two of them so far, borrowers are still awaiting a decision from a federal judge.

Biden launched the student-loan forgiveness application last week. 8 million borrowers have already applied for relief through a simple form that only requires basic information like a borrower's email address and Social Security number, according to Biden.

Associate Justice Amy ConeyBarrett handles matters from Wisconsin. She can either respond on her own or refer the matter to the full court.

The Biden administration recommends that borrowers submit their forms before November to ensure the debt cancellation will be processed before payments resume in January.

The Brown County Taxpayers Association is appealing a federal judge's decision to throw out the original lawsuit as well as asking the Supreme Court to block Biden's forgiveness plan.

Business Insider has an article on it.