Tuesday’s oral arguments will focus on the limits of executive power — and who has standing to challenge the $430 billion loan initiative.
To qualify to challenge the loan-forgiveness effort, the plaintiffs must show they have suffered a specific, rather than generalized, injury that can be remedied by relief from a federal court. In this case, it is not enough just to object to the size of the program or even to allege that the president has exceeded his authority.A panel of the U.S.
“When a Republican administration is in power, attorneys general from Democratic states line up to challenge any politically controversial act by the federal government; and when a Democratic administration is in power, the roles are reversed,” Bray and Baude say in their brief.
But the Biden administration found the power in the HEROES Act, which allows the education secretary to “waive or modify any statutory or regulatory provision applicable” to federal student loan programs. The statute authorizes action to help individuals who suffered from a national emergency and to ensure they were “not placed in a worse position financially” regarding their loans.
“This represents one of the largest expenditures in the nation’s history, carried out in the face of clear congressional opposition and supported by no accepted principles of statutory interpretation — let alone the specific statement that is necessary before the executive branch can spend Treasury funds,”filed by former federal judge Michael McConnell and former attorney general William P. Barr, among others.
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