President Joe Biden’s student loan forgiveness program could go into effect after a judge ruled Wednesday to allow a temporary restraining order on the plan to expire.
It’s a small victory for the Biden administration just weeks before the presidential election. The lawsuit was filed by seven red-leaning states: Missouri, Georgia, Alabama, Arkansas, Florida, North Dakota and Ohio against Biden and Education Secretary Miguel Cardón.
U.S. District Judge Randall Hall wrote in an order in the Southern District of Georgia that Georgia lacked standing to challenge the plan because it “failed to show an injury that is concrete, specific, present or imminent.”
“The court consistently finds it proper to dismiss Georgia as a party to the action for lack of subject matter jurisdiction and addresses defendants’ venue arguments,” he wrote.
The judge also wrote that the court agreed with the federal government’s argument that venue was improper.
“Without standing, Georgia cannot provide adequate venue for a claim because a plaintiff without standing cannot create venue that would not otherwise exist,” he wrote.
The judge said the “fairest result” was to transfer the case to a district where “venue is appropriate.” He wrote that he will take the case to the United States District Court for the Eastern District of Missouri.
Last month, Hall extended a temporary restraining order on the plan for an additional 14 days.