Student-debt relief could go through even if SCOTUS finds executive overreach

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Even if the Supreme Court finds Biden's student-loan forgiveness was an overreach of authority, it doesn't mean the relief will get struck down. Here's why.

Supreme Court justices might not like President Joe Biden's student-loan forgiveness — and they might not even think he has the authority to carry it out.

While the justices questioned all of those topics, they spent the bulk of the time drilling into the issue of standing. Article 3 standing is something all plaintiffs must prove — that they would be injured by the policy, that the injury can be directly traced back to the defendant, and that the relief they're seeking would address those injuries.

So, as Shafroth said, it could be"entirely possible" that the Supreme Court ends up issuing an opinion that says they think Biden acted without proper authorization of Congress, but that justices will"recognize our own limits on authority by dismissing this case for lack of Article Three standing." Prelogar responded that MOHELA is its own entity, and can sue and be sued on its own. She agreed with Jackson when asked if they would be"breaking new ground" if they found the states have standing.

 

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