pitted two of the conservative majority’s beloved legal doctrines against one another.
But the court’s right wing has a dilemma. It became clear during the arguments that perhaps the strongest point in the Biden administration’s favor concerns legal, another matter close to the conservatives’ hearts. The court has insisted on strictly policing the constitutional requirement that the federal judiciary may hear only those cases in which the plaintiff has sustained an “injury in fact” — a concrete, particular harm.
The court’s conservatives hold dear the basic legal principle that a litigant has no standing to redress harms to a third party. As the Biden administration argues, that would lead to such expansive results as allowing banks to sue anyone who financially harms their borrowers. The fault lines in Tuesday’s arguments were familiar. The court’s three progressives seemed inclined to uphold the program — with Justice Elena Kagan offering a particularly forceful defense of the forgiveness as clearly authorized by Congress — while the six conservatives sounded eager to use the major questions doctrine to strike it down.
If it sounds too good to be true it probably is
If SCOTUS shuts it down, millions will default.
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