Missouri proved they have standing via direct injury:
“At least Missouri has standing to challenge the Secretary’s program. Article III requires a plaintiff to have suffered an injury in fact—a concrete and imminent harm to a legally protected interest, like property or money—that is fairly traceable to the challenged conduct and likely to be redressed by the lawsuit. Lujan v. Defenders of Wildlife, 504 U. S. 555, 560–561. Here, as the Government concedes, the Secretary’s plan would cost MOHELA, a nonprofit government corporation created by Missouri to participate in the student loan market, an estimated $44 million a year in fees. MOHELA is, by law and function, an instrumentality of Missouri: Labeled an “instrumentality” by the State, it was created by the State, is supervised by the State, and serves a public function. The harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. The Court reached a similar conclusion 70 years ago in Arkansas v. Texas,
346 U. S. 368.”
Meanwhile, last October, MOHELA admitted in a letter to Rep. Cori Bush (D-MO) that its executives “were not involved with the decision of the Missouri Attorney General’s Office to file for the preliminary injunction in federal court.” The Missouri attorney general had to obtain documents from MOHELA through state sunshine law requests in order to use them in the lawsuit. As I wrote last month, if this is successful, “the Supreme Court would be allowing the plaintiffs to win their case thanks to an unwilling conspirator.”
The internal documents from MOHELA reinforce this. They were obtained through those same state sunshine laws by the Student Borrower Protection Center.
Except that MOHELA didn’t sue and didn’t want to sue in the first place. No business has a constitutional right to make a profit. If all debtors transferred their loans to a different company tomorrow, MOHELA would go bankrupt and they’d have just as much standing then, I.e. none at all. Furthermore, as I said, MOHELA didn’t sue, the state of Missouri did. MOHELA doesn’t pay a single cent to the state of Missouri, so exactly how is Missouri being injured here? The fact that MOHELA would make less money changes nothing to the “public function” Missouri is supposed to provide here. It can still continue to offer student loans. So I ask again, where is the injury? None of this gives Missouri the state any standing
Missouri proved they have standing via direct injury:
“At least Missouri has standing to challenge the Secretary’s program. Article III requires a plaintiff to have suffered an injury in fact—a concrete and imminent harm to a legally protected interest, like property or money—that is fairly traceable to the challenged conduct and likely to be redressed by the lawsuit. Lujan v. Defenders of Wildlife, 504 U. S. 555, 560–561. Here, as the Government concedes, the Secretary’s plan would cost MOHELA, a nonprofit government corporation created by Missouri to participate in the student loan market, an estimated $44 million a year in fees. MOHELA is, by law and function, an instrumentality of Missouri: Labeled an “instrumentality” by the State, it was created by the State, is supervised by the State, and serves a public function. The harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself. The Court reached a similar conclusion 70 years ago in Arkansas v. Texas, 346 U. S. 368.”
Missouri proved no such thing.
https://prospect.org/justice/2023-06-19-student-loan-cancellation-supreme-court-mohela/
Ah yes, red states, famous defenders of public institutions. Good grief. Thanks for clarifying!
Except that MOHELA didn’t sue and didn’t want to sue in the first place. No business has a constitutional right to make a profit. If all debtors transferred their loans to a different company tomorrow, MOHELA would go bankrupt and they’d have just as much standing then, I.e. none at all. Furthermore, as I said, MOHELA didn’t sue, the state of Missouri did. MOHELA doesn’t pay a single cent to the state of Missouri, so exactly how is Missouri being injured here? The fact that MOHELA would make less money changes nothing to the “public function” Missouri is supposed to provide here. It can still continue to offer student loans. So I ask again, where is the injury? None of this gives Missouri the state any standing