President Biden’s student loan giveaway is blatantly illegal, but standing presents an obstacle to lawsuits challenging it. I noted the lawsuit filed by the Pacific Legal Foundation on behalf of Frank Garrison earlier this week. The Indiana federal district court has already denied Garrison’s motion for preliminary relief in an order that casts doubt on Garrison’s theory of standing.
Now six states with Republican governors and attorneys general have commenced a lawsuit challenging the giveaway. The lawsuit is filed in the Eastern District of Missouri. A PDF of the complaint is posted here. Arizona is a seventh. Arizona Attorney General Mark Brnovich has separately filed his lawsuit in Arizona federal district court (complaint here, press release here).
The Missouri complaint addresses standing at paragraphs 86 et seq. The Arizona complaint addresses standing at paragraphs 69 et seq. I am no expert on standing doctrine. I will only say that I think standing remains the key issue in these cases and that the harms alleged to make out standing in these two complaints strike me as tenuous.
Seung Min Kim covers the Missouri lawsuit in the (good) AP “GOP states sue Biden administration over student loan plan.” I found the Garrison court order and two new complaints via Chris Quintana/USA Today.
UPDATE: Ed Morrissey covers the Biden’s administration maneuvering to defeat standing in this Hot Air post.
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