In what is becoming a reoccurring theme conservatives are challenging Biden’s student loan forgiveness plan.

The Cato Institute and the Mackinac Center for Public Policy, have filed an appeal against a federal district court ruling that dismissed their lawsuit challenging the U.S. Department of Education’s latest student loan plan.

In July, the Education Department announced a plan to automatically discharge $39 billion in federal student loans due to issues with how the agency counted payments for income-driven repayment plans. It would forgive debt for around 804,000 borrowers.

This is the latest challenge against the Biden administration’s ongoing attempt to forgive student loans. Republicans were succesful in blocking Biden’s initial attempt to forgive up to $20,000 in federal student loans for all borrowers. This latest decision was not made on the same grounds but the argument conservatives are making against it is the same: Only Congress has the ability to authorize and pay for the forgiveness of student loans.