ASCENDIUM EDUC. SOLUTIONS, INC. v. CARDONA

No. 22-5104. Consolidated with 22-5117.

78 F.4th 470 (2023)

ASCENDIUM EDUCATION SOLUTIONS, INC., Appellee v. Miguel A. CARDONA, In his official capacity as Secretary of the Department of Education and Department of Education, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2023.


Attorney(s) appearing for the Case

Steven H. Hazel , Attorney, U.S. Department of Justice, argued the cause for appellants/cross-appellees. With him on the briefs were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Mark B. Stern , Attorney.

Kevin M. St. John argued the cause and filed the briefs for appellee/cross-appellant.

Concurring opinion filed by Circuit Judge Walker.


When Congress passed the Higher Education Act of 1965 (the "Act"), 20 U.S.C. §§ 1001-1155, it created the Federal Family Education Loan Program ("FFELP" or "Program"), see id. § 1071-1087-4. The FFELP incentivized financial institutions to lend money to borrowers with poor credit or low incomes by establishing...

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