Last Friday, I wrote about the new lawsuit filed by eleven red states challenging President Biden’s new massive student loan forgiveness program. As I noted in that post, this case in many ways resembles Biden v. Nebraska, the 2023 case in which the Supreme Court invalidated the administration’s previous gigantic loan forgiveness plan.
One of those parallels is that the administration is likely to try to prevail by arguing that the plaintiff states lack “standing” to bring the case, because they haven’t suffered a relevant injury. In Biden v. Nebraska, the Supreme Court (and lower courts) ruled that the plaintiffs succeeded in getting standing because the state of Missouri (one of the six state plaintiffs in that case has a state agency – the Higher Education Loan Authority of the State of Missouri (MOHELA)—that services federally backed student loans, and MOHELA’s would be reduced if…
