In the present day, in Biden v. Nebraska, the Supreme Court docket dominated that President Biden’s $430 billion mortgage forgiveness plan is against the law as a result of not approved by Congress below the 2003 HEROES Act. It additionally dominated that, at the very least one of many plaintiffs, the state of Missouri, has standing to sue. Chief Justice John Roberts wrote the bulk opinion, in a 6-3 break up alongside ideological strains. He concludes that the plan is unauthorized below the textual content of the HEROES Act and in addition runs afoul of the “main questions” doctrine.
For my part, this choice is appropriate on each standing and the deserves. It is a crucial step in direction of curbing government abuse of emergency powers and government raids on the Treasury for functions not approved by Congress.
Within the companion case, Division of Schooling v. Brown, the Court docket unanimously (and appropriately, I believe) dominated that the plaintiffs lack standing.
I’ll have far more to say about this case later within the day, together with in a forthcoming article for CNN.
I beforehand outlined my views on the deserves right here, and on standing right here, right here, and right here.
