Not that it was a particularly difficult call to make, but I did warn you that Republicans were going to challenge Biden's student loan debt forgiveness in court in order to tie it up for years, hurting the people who need it the most so that they turn on Biden's "failure to deliver" with the ultimate goal of getting it struck down by SCOTUS and using it as a cudgel in 2024.
Republican state attorneys general and other leading conservatives are quietly exploring a slew of potential lawsuits targeting President Biden’s plan to cancel some student debt — challenges that could limit or invalidate the policy before it takes full effect.
In recent days, a number of GOP attorneys general from states including Arizona, Missouri and Texas have met privately to discuss a strategy that could see multiple cases filed in different courts around the country, according to a person familiar with their thinking who spoke on the condition of anonymity to describe the confidential talks.
Other influential conservatives — including Sen. Ted Cruz (R-Tex.) and allies of the Heritage Foundation, a conservative think tank — are mulling their own options as they ratchet up criticism of Biden’s debt-relief plan, two additional people familiar with the matter said. And a conservative advocacy group founded by a major Trump donor said it would file a lawsuit against the policy.
“The conservative public interest law firms in our network are exploring filing lawsuits against this. They are doing background legal research, trying to find out who might be the most suitable clients for them,” John Malcolm, director of the Meese Center at the Heritage Foundation, said in an interview. “They have to find a client with the standing and the gumption to take on a lawsuit. There are several groups in our network who are exploring that right now.”
All of the sources cautioned that no decisions have been made — and as of Thursday morning, no lawsuits appeared to have been filed. But a legal battle could carry stark financial consequences for millions of student borrowers, who rejoiced last week after Democrats delivered on a long-standing promise to erase some of their debt.
The possible litigation also raises the prospect of a broader, precedent-setting courtroom tussle over the scope of the president’s economic authority. Such a lawsuit could reach the Supreme Court, thrusting it back into the spotlight after it infuriated Democrats by stripping abortion protections and limiting the Environmental Protection Agency’s power to respond to climate change.
Republicans have to tie up Biden's victories in court and slay them or you know, people might actually think Biden accomplished things during his first term with a 50-50 Senate. A Roberts Court that struck down Roe and the EPA's emissions regulations will have the votes to kill this law. They will find a Trump judge in the Fifth or Eleventh Circuit to deliver a national injunction, and there's a good chance that given the stakes, it'll remain blocked until SCOTUS can kill it off just in time for the 2024 elections.
Republicans will say "Our lawsuit stopped a trillion in taxpayer theft! Vote for us!"
And there will be tens of millions who will.
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