Missouri and Arkansas both participated in the lawsuit that ultimately brought an end to Biden’s previous student loan plan last year. The Supreme Court decided 6-3 that Biden’s plan was unconstitutional.

In conjunction with his new student loan program, President Biden also vowed to make community college tuition free during his remarks Monday. 

“I also want to make, and I’ve been pushing this, and if I’m reelected, I’m going to push it hard. We’re going to get it done next time is I want to make community college tuition free,” Biden said. 

“We won’t need loans at all. We’ll cut in half the cost of going to college. If we do this, the economic gains will far outweigh the cost. And that’s not hyperbole. That’s the truth.”

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Bailey stated he would further sue the administration over the effort, again citing concerns over separation of powers.

“If [Biden] does so illegally without any congressional authorization, we absolutely will. I mean, that’s the whole point of this. It’s a separation of powers issue,” Bailey said.

FOX Business’ Anders Hagstrom contributed to this report.

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