Heading To The Supreme Court

On Sunday, John Hinderaker at Power Line posted an article about the Biden administration’s plan to forgive $400 billion in outstanding student debt. The plan is being challenged and will make its way to the Supreme Court at the end of February.

The article notes:

On Friday, a group of amici filed a brief urging the Court to invalidate Biden’s order. It is probably the most impressive group of amici I have ever seen, including top constitutional scholars like Michael McConnell and political figures including William Barr, Mitch Daniels, Mick Mulvaney, and others. These amici are represented by Sidley and Austin, a major law firm.

The brief is included in the article.

The article concludes:

In recent years, as the brief documents, presidents of both parties have used strained interpretations of broadly-worded statutes to justify unconstitutional usurpations of power, sometimes spending money that Congress had specifically refused to appropriate. Biden’s debt forgiveness continues this trend under particularly absurd pretenses, and on an unprecedented scale. As the brief argues, if the Biden administration can get away with this, there is really no check on executive power, going forward.

As a condition precedent to the merits, the case also raises a standing issue. I have not studied that issue, and have no idea whether it has merit under current law. I would only say that if a president acts unconstitutionally to deprive the taxpayers of $400 billion in revenue, there had better be someone who has standing to challenge his illegal action.

Let’s pray that the Supreme Court understands the checks and balances our Founding Fathers put in place.