Today the Biden Administration filed an application urging the Supreme Court to lift a lower court preliminary injunction blocking implementation of the president's massive student loan forgiveness program, which would cancel some $400 billion in student loan debt. I wrote about the lower court decision here. The Supreme Court's resolution of the Administration's request may well prefigure the justices' views on how the student loan litigation should be resolved overall. If the justices lift the lower court injunction, it could be a signal a majority of the Court believes that the plaintiffs don't have standing to challenge the loan forgiveness program, that the program is legal, or some combination of both. If, on the other hand, the Court rules against the Biden Administration, that may well indicate a majority of the justices oppose Biden's position on both standing and the merits.
