WaPo says Biden's loan forgiveness illegal but untouchable: Legal experts beg to differ

The Washington Post concedes in a new editorial that Joe Biden has “overreached” by interpreting the 20-year-old HEROES Act as allowing him to unilaterally cancel hundreds of billions of dollars in student loan debt, a policy choice the paper characterizes as “a regressive and expensive mistake.”

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“But,” the same editorial submits, “the court shouldn’t stop him.”

The larger danger, warns the Post, is posed not by the president’s unconstitutional abrogation of his authority to spend taxpayer dollars, but by the Supreme Court’s potential remedy to this imbalance.

Why? They write:

But the administration’s opponents, which include several states and two individuals, “lack standing” — that is, a direct, concrete stake in the outcome — to challenge the law. Some of Tuesday’s arguments revolved around MOHELA, a loan-servicing corporation created by the state of Missouri. Missouri sued on behalf of the loan-servicer, arguing that it was effectively a state entity. In fact, the state created MOHELA to be a financially independent operation, meaning any losses it incurred under the Biden plan would not impact the state. (MOHELA itself might have had a right to sue, but it declined to do so.) The other challengers’ arguments for their standing are even weaker.

[Ilya Somin and others say “NOT SO FAST.” It’s a good read. ~ Beege]

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