Least Incorrect
We're live at Washington University School of Law in St. Louis! After a check-in with our most faithful corrector, Prof. Ron Levin, we take a deep dive into the two upcoming cases about the legality of President Biden's student loan forgiveness plan. Will explains his theory of why the challengers should lose because they lack standing—but also predicts that the Court is unlikely to agree.Â
2023-02-18
65 min
Transcript
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Transcript
Will: The other lawsuit filed by the states was filed here in the Eastern District of Missouri on behalf of Nebraska and a coalition of states, Missouri actually being the most important one, it's going to turn out. They claim standing not as individuals, but as sovereigns, with a range of arguments that we'll talk about in a minute about why the program affects them and their operations. They lost in the district court. The district court did not grant relief. And then on appeal, first before appeal the Eight Circuit granted a temporary nationwide injunction pending appeal, which was especially striking because the district court had concluded that the states didn't have standing. I was talking about that seemed right to me. Initially, the Eight Circuit granted a nationwide injunction pending appeal, without actually taking a position while there was standing like there might be standing, so we're going to enjoin the whole thing, which is for law students, not how you're supposed to do it if you're not [unintelligible judge and can't make it up. And then they later wrote an opinion and say, "Okay, we've decided there is standing and maybe the program is unlawful. We're not sure, but maybe? So we'll grant nationwide injunction." That is part of the other case that the SG took up to go to court. Now they're before the court, which has to decide both, do any of these people or states have standing to bring these challenges? And if so, is the program unlawful?
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