Case: State of Arizona v. Biden

2:22-cv-01661 | U.S. District Court for the District of Arizona

Filed Date: Sept. 30, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Led by Arizona Attorney General Mark Brnovich, this lawsuit in the U.S. District Court of Arizona challenges President Biden's student loan forgiveness plan. In their September 30, 2022, complaint, Plaintiff alleged that the state would lose tax revenue because student loan debt forgiveness can't be taxed until 2025; that the program would increase inflation, which would hurt the state's economy; and that recruiting for government jobs would be hurt by the devaluation of the Public Service Loan…

Led by Arizona Attorney General Mark Brnovich, this lawsuit in the U.S. District Court of Arizona challenges President Biden's student loan forgiveness plan. In their September 30, 2022, complaint, Plaintiff alleged that the state would lose tax revenue because student loan debt forgiveness can't be taxed until 2025; that the program would increase inflation, which would hurt the state's economy; and that recruiting for government jobs would be hurt by the devaluation of the Public Service Loan Forgiveness program. Arizona alleged that the loan forgiveness plan was not a constitutional use of the spending power, that it violated the non-delegation and separation of powers doctrines, and that it violated the Administrative Procedure Act because the Secretary of Education exceeded his statutory authority and the plan is arbitrary and capricious. Arizona sought declaratory judgment as well as temporary, preliminary, and permanent injunction against the debt nullification, in addition to attorney's fees.

The case is in its early phases and there has been no significant post-complaint action yet. The case is ongoing.

Summary Authors

Sophia Bucci (11/30/2022)

Documents in the Clearinghouse

Document
1

2:22-cv-01661

Complaint

Sept. 30, 2022

Sept. 30, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65390898/arizona-state-of-v-biden/

Last updated Dec. 1, 2022, 2:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21155624 filed by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Attachments: # 1 Civil Cover Sheet)(JAM) (Entered: 09/30/2022)

1 Civil Cover Sheet

View on RECAP

Sept. 30, 2022

Sept. 30, 2022

Clearinghouse
2

SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Attachments: # 1 Summons, # 2 Summons)(JAM) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
3

Filing fee paid, receipt number AAZDC-21155624. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-22-1661-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
4

Summons Issued as to Joseph R Biden, Jr, Miguel Cardona, United States Department of Education. (Attachments: # 1 Summons, # 2 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
5

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Mark Brnovich, Arizona, State of. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
6

PRELIMINARY ORDER That Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than December 29, 2022; That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and That unless the Court orders otherwise, on December 29, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 9/30/2022. (ESG) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP

Notice of Deficiency (Text Only)

Sept. 30, 2022

Sept. 30, 2022

PACER
7

SERVICE EXECUTED filed by Arizona, State of, Mark Brnovich: Affidavit of Service re: Summons, Civil Cover Sheet, Complaint, Preliminaray Order upon United States Department of Education on 10/4/2022, Miguel Cardona on 10/4/2022, Civil Process Clerk for the Attorney General on 10/5/2022, US Attorney for the District of Arizona on 10/3/2022, President Joseph R Biden on 10/11/2022. (Attachments: # 1 Exhibit A)(Ensign, Drew) Modified to add services dates on 10/20/2022. (Entered: 10/19/2022)

1 Exhibit A

View on RECAP

Oct. 19, 2022

Oct. 19, 2022

RECAP
8

NOTICE of Appearance by Cody Taylor Knapp on behalf of Joseph R Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
9

Consent MOTION for Extension of Time to File Answer re: 1 Complaint by Joseph R Biden, Jr, Miguel Cardona, United States Department of Education. (Attachments: # 1 Proposed Order)(Knapp, Cody) (Entered: 11/23/2022)

1 Proposed Order

View on PACER

Nov. 23, 2022

Nov. 23, 2022

PACER
10

Order on Motion for Extension of Time to Answer

Nov. 30, 2022

Nov. 30, 2022

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Challenges to Biden Student Loan Forgiveness Plan

Key Dates

Filing Date: Sept. 30, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Arizona, led by the Attorney General Mark Brnovich

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education