As I have pointed out before, the Biden Administration and its supporters have—in this case—been pushing ultra-narrow theories of standing traditionally associated with the political right. Those theories were wrong when advanced by conservatives, and are still wrong today.
While there may be a majority for granting standing in Biden v. Nebraska, the oral argument suggests there probably isn’t one in Department of Education v. Brown, the somewhat screwy case brought by the conservative Job Creators Network on behalf of two plaintiffs who complain that the Biden program isn’t generous enough, excluding one of them completely and forgiving less of the other’s debt than might have otherwise been the case. They argue they have standing because administration adopted the plan without going through the “notice and comment” procedure arguably required by the Administrative Procedure Act, which would have given them an opportunity to argue that the program should have been more generous to them.