Biden’s royal decree (via Secretary of Education Miguel Cardona) canceling the repayment obligations of millions of borrowers should be an impeachable offense. It is blatantly inconsistent with the text and tenor of the Constitution.
Listening to the oral argument, however, I offer these observations. Solicitor General Elizabeth Prelogar is a formidable advocate. She did an excellent job on behalf of the Biden administration. I’m not sure she didn’t have the better of the argument on the two issues raised in the Nebraska case. She hammered on the state of Missouri’s lack of standing on the broad authority granted by Congress to the Secretary of Education. …
The argument advanced by the Biden administration isn’t exactly a joke. Based on the applicable statutory language, it is plausible in its own way — perhaps in a Pickwickian sense.
[Like many observers, Scott thinks that the Missouri-MOHELA case argued in part by the Nebraska AG will pass muster on standing, but it’s going to be a close call. The related case consolidated into yesterday’s arguments looks much less promising on that score. If the Supreme Court allows itself to reach the merits, Scott has no doubt that the program will be demolished, but … we’re not there yet, and there is a non-zero chance that we may not get there at all. — Ed]
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