Biden’s Student-Loan Action Is Obviously Unconstitutional. So Why Can’t Anyone Stop It?

Dan Lennington and Rick Esenberg

Standing rules are important guardrails for our separation of powers. Justice Scalia was concerned that Ms. Kelly’s injuries were too diffuse and too widely shared to constitute the type of injury that might count as a case or controversy.

But problems remain. What about cases in which a governmental policy will violate the Constitution in a way that harms many people similarly? What if the president decides to suspend collection of the income tax or announce a 40 percent increase in Social Security benefits? Standard doctrine is that no one is harmed by a benefit conferred on another. But even in the topsy-turvy world of the federal government, where we indulge the fiction that “no one” really pays for the spending of a trillion dollars, taxpayers are “really” harmed by large expenditures. The fact that many suffer the same injury makes it no less concrete or particularized.

So it is with Biden’s loan forgiveness. No one is hurt by the reduction in someone else’s debt. But many of us are harmed by another trillion dollars in debt which, notwithstanding the alchemists who run our government, will have to be paid for sooner or later.