By American Bar Association
Court rulings that this week struck down the U.S. Department of Education's new Public Service Loan Forgiveness (PSLF) employer rule are a victory for the rule of law and for everyone working to promote access to justice for all.
Two federal judges Tuesday vacated the administration’s?overhaul?of the program, ruling in separate cases that it risked becoming a tool for political purposes. In Massachusetts, the court vacated the Education Department’s changes, saying they overstepped the agency’s power and threatened to violate First Amendment protections for free speech. The ruling came in response to a pair of lawsuits filed by more than 20 states along with a coalition of nonprofit groups and cities. In Washington, D.C., a district judge issued a similar ruling in a case brought by nonprofit organizations.
“Public benefits should be administered under stable, predictable statutory definitions rather than shifting political winds,” said American Bar Association President Michelle A. Behnke. “PSLF is critical to expanding services to communities nationwide. Rules that are based on political criteria act to destabilize the program, which in turn destabilizes the delivery of critical services to the public.”
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The ruling is a win for access to justice, safeguarding the talent pipeline for public interest attorneys who represent the nation's most vulnerable. Without PSLF, the average debt incurred prevents new graduates from accepting and remaining in lower paying positions in under-resourced communities. Legal aid lawyers, public defenders, district attorneys, domestic violence representation, veterans benefit advocates and the work they do are strengthened by the program, ensuring the rights of all clients.
Behnke offered support for the program in a Sept. 16, 2025, letter to Education Secretary Linda McMahon. “As a long-time supporter of the PSLF program, and an organization whose employees qualify for PSLF, the ABA recognizes the crucial role PSLF plays in encouraging individuals to pursue careers that provide much-needed public services, including public defense services and pro bono legal representation to underrepresented communities such as senior citizens and veterans,” Behnke wrote.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/07/pslf-ruling-win-access-to-justice/)
Court rulings that this week struck down the U.S. Department of Education's new Public Service Loan Forgiveness (PSLF) employer rule are a victory for the rule of law and for everyone working to promote access to justice for all.
Two federal judges Tuesday vacated the administration’s?overhaul?of the program, ruling in separate cases that it risked becoming a tool for political purposes. In Massachusetts, the court vacated the Education Department’s changes, saying they overstepped the agency’s power and threatened to violate First Amendment protections for free speech. The ruling came in response to a pair of lawsuits filed by more than 20 states along with a coalition of nonprofit groups and cities. In Washington, D.C., a district judge issued a similar ruling in a case brought by nonprofit organizations.
“Public benefits should be administered under stable, predictable statutory definitions rather than shifting political winds,” said American Bar Association President Michelle A. Behnke. “PSLF is critical to expanding services to communities nationwide. Rules that are based on political criteria act to destabilize the program, which in turn destabilizes the delivery of critical services to the public.”
?
The ruling is a win for access to justice, safeguarding the talent pipeline for public interest attorneys who represent the nation's most vulnerable. Without PSLF, the average debt incurred prevents new graduates from accepting and remaining in lower paying positions in under-resourced communities. Legal aid lawyers, public defenders, district attorneys, domestic violence representation, veterans benefit advocates and the work they do are strengthened by the program, ensuring the rights of all clients.
Behnke offered support for the program in a Sept. 16, 2025, letter to Education Secretary Linda McMahon. “As a long-time supporter of the PSLF program, and an organization whose employees qualify for PSLF, the ABA recognizes the crucial role PSLF plays in encouraging individuals to pursue careers that provide much-needed public services, including public defense services and pro bono legal representation to underrepresented communities such as senior citizens and veterans,” Behnke wrote.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/07/pslf-ruling-win-access-to-justice/)
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