3 ms·
The plaintiffs should not have had standing. None of the litigant states actually had a direct financial injury; instead, they relied on Missouri's financial in
by aluminum96 3y ago
The plaintiffs should not have had standing. None of the litigant states actually had a direct financial injury; instead, they relied on Missouri's financial interest in MOHELA as the basis for standing. But as Amy Coney Barrett inquired in oral arguments, why didn't MOHELA itself join the lawsuit, if it was really injured?
SCOTUS reached the merits because they wanted to make a policy decision. The current court is making radical changes to established law, such as last term's decision to throw out much of the VRA simply because the justices felt it was too old and no longer needed. (It was re-authorized in 2006.) Allowing judges to throw out the decisions of the legislature or executive on major policy questions, with a flimsy and partisan legal basis, is not a sustainable way to run a democracy.
- zeroonetwothree 3y agoMOHELA is owned and funded by the state of Missouri, any injury to it is an injury to the state. BTW I think current "standing" rules are a travesty and courts should stop dismissing cases on those grounds. It's just a way to weasel out of making certain decisions they don't want to. For example it's pretty clear that someone is harmed by the President giving out $400 million, there's no such thing as free money.
- ix-ix 3y agoWon't anyone think of the rich?!?!
- ompaLompa 3y ago*400 Billion
- nullocator 3y agoMOHELA is a public corporation. https://www.mohela.com/DL/common/publicInfo/financialStatements.aspx https://www.mohela.com/DL/common/publicInfo/financialStateme... and they make their income in large part from the processing of federal student loans. How is that being funded by the state? It seems MOHELA was pretty explicit that they did not wish to be part of the lawsuit and were simply being used as a way to try and gain standing https://www.washingtonpost.com/education/2022/11/02/mohela-student-loan-forgiveness-lawsuit/ https://www.washingtonpost.com/education/2022/11/02/mohela-s...