Don’t “Estop” Me Now: Estoppel, Government Contract Law, and Sovereign Immunity if Congress Retroactively Repeals Public Service Loan Forgiveness

Authors

Michael J. Cole

First Page

153

Abstract

This Article discusses whether Direct Loan borrowers can obtain recourse against the federal government using either promissory or equitable estoppel theories if Congress retroactively repeals the Public Service Loan Forgiveness (“PSLF”) program. The Article addresses various hurdles, including sovereign immunity and the Sovereign Acts Doctrine, which the borrowers would encounter at litigation. It concludes that, despite likely overcoming these hurdles, in many cases, the plaintiff-borrowers’ government contract law claims would likely still fail to win on their merits. The Article also contends that most, if not all, equitable estoppel claims would likely fail before a court. The Article then offers an additional proposal to Congress, which would avoid these issues at litigation and solve the problems associated with the program while also protecting the most vulnerable members of society negatively impacted by a repeal.

Recommended Citation

Michael J. Cole, Don’t “Estop” Me Now: Estoppel, Government Contract Law, and Sovereign Immunity if Congress Retroactively Repeals Public Service Loan Forgiveness, 26 Lewis & Clark L. Rev. 153 (2022).
Available at: https://lawcommons.lclark.edu/lclr/vol26/iss1/5