The Washington Post is now admitting that President Joe Biden’s college loan forgiveness plan is unconstitutional, but it insists that the “the court shouldn’t stop him.” The reason is standing and the Post is now apparently a standing hawk forced to accept a half trillion dollar give-away to maintain a narrow view of case or controversies under Article III. The Post previously ran opinion pieces saying that Biden clearly has this authority.
The Post now admits with some of us that Biden “overreached” in his use of the HEROES Act to allow him to unilaterally cancel roughly 500 billion dollars in loan debts. …Now, the Post appears to reject the Biden OLC opinion and calls the policy not only unconstitutional “overreach” but “a regressive and expensive mistake.”
It insists, however, that this unconstitutional, regressive and expensive overreach should stand.
[I almost wrote about this intellectually corrupt argument yesterday. Turley’s a lot nicer than I would have been, but he also has a lot more detail about why standing may be a real problem for the plaintiffs in these cases than some surmise. Regardless, it’s absurd to admit something is unconstitutional while arguing that courts shouldn’t say so — especially the one court whose job it is to specifically guard against “overreach” by presidents and Congresses. — Ed]
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