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Biden Administration requests the Supreme Court for an Injunction to lift a block on their massive Loan Forgiveness Program

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Silhouettes of students wearing caps. The students are made out of money.

Today the Biden Administration  filed an application urging the Supreme Court to lift a lower court preliminary injunction blocking implementation of the president’s massive student loan forgiveness program, which would cancel some $400 billion in student loan debt. The lower court’s decision is here. The Supreme Court’s decision on the Administration’s request could well be a prelude to the justices’ overall views about how student loan litigation should be handled. The Court could lift the injunction from the lower court to indicate that the majority of justices believe that plaintiffs do not have standing to challenge the loan forgiveness programs, that they are legal, or a combination of both. If, on the other hand, the Court rules against the Biden Administration, that may well indicate a majority of the justices oppose Biden’s position on  both standing and the merits.

The Eighth Circuit appeals court decision that the administration seeks overturns overruled a trial judge decision that held that six state governments had no standing to file the case. In my view, the Eighth Circuit correctly ruled that the state of Missouri, at least, has standing because a state agency –  the Missouri Higher Education Loan Authority (MOHELA)—is a loan servicer that would suffer…



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