Will Standing Prevent Adjudication of Biden’s Unconstitutional Student Loan Scam?

THE WISCONSIN INSTITUTE FOR LAW & LIBERTY asked the Supreme Court on Wednesday to issue an injunction against the unconstitutional student loan bailout plan of Joe Biden’s. WILL filed its emergency application (read here) on behalf of the Brown County Taxpayers Association requesting a temporary stay as the matter weaves its way through the lower-level federal courts. Biden’s One-Time Student Loan Debt Relief plan seeks to “cancel” up to $10,000 in student loans ($20,000 for Pell Grant borrowers) for those earning under $125,000 as single tax filers, or $250,000 if filing jointly. This means 92% of households would qualify; the other 8% would become liable for the debt. WILL correctly argues that Biden’s plan, potentially transferring “hundreds of billions, or perhaps over a trillion, dollars in debt,” is a “presidential usurpation of the constitutional spending power, which is reserved exclusively for Congress.” 

The plan does so by transforming a law originally meant to benefit military personnel and first responders who were disadvantaged by their response to a discrete national emergency, known as the HEROES Act (read here), enacted into law after the Sept. 11, 2001 terrorist attacks. Biden contends his authority arises from the pandemic, even though loan payments were suspended for all during the emergency, even for those who had no hardship. But Biden’s scam was never enacted by the legislature. Nor was the epidemic an act of terrorism (that we know of) or an act of war. Nor were any, or most students ever declared “heroes” or even “disadvantaged” in any way. Nor does the epidemic even exist, inasmuch as Biden declared the it over weeks ago on “60 Minutes.” Despite lawsuits, the Biden regime has nonetheless “re-declared the emergency,” and already beta tested its software to administer the scam. Some 8 million have signed up as of Monday.

“What Constitutional power does Biden have to take John Q. Public’s money and pay Jane Q. Public’s school loans?” BCTA President Rich Heidel said in a WILL press release. “Why not her mortgage, why not her car loan? How did the college-educated caste become the lucky ones? When and how does this stop? This nonsense not only defies the US Constitution – it defies common sense,” he added.

This follows a dismissal for lack of standing at District Court, but remains on appeal at the 7th Circuit. Taxpayer-standing is notoriously challenging to find.