The majority then announced, with an opinion from Chief Justice John Roberts, that it was overthrowing the student loan forgiveness program, granting a request from six Republican state attorneys general on behalf of a loan servicer, the Missouri Higher Education Loan Authority, that did not want to be used as a plaintiff. Without MOHELA, the states did not have standing to bring the suit—they are not directly harmed.

Roberts and the majority weren’t going to be bothered by the fact that their plaintiff was an unwilling participant in this highly partisan scheme. “By law and function, MOHELA is an instrumentality of Missouri … The [debt forgiveness] plan will cut MOHELA’s revenues, impairing its efforts to aid Missouri college students,” Roberts wrote. “This acknowledged harm to MOHELA in the performance of its public function is necessarily a direct injury to Missouri itself.”

Never mind that in oral arguments the state admitted that MOHELA wasn’t aiding Missouri college students because it hadn’t paid into that fund in 15 years, and “said in its own financial documents that it doesn’t plan to make any payments in the future.”

  • Arotrios@kbin.socialOP
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    1 year ago

    I have to disagree with you here - Alioto is lying. It’s on the very first line where the Constitution starts describing the Supreme Court.

    Article 3, Section 1 first line:

    The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish

    The court itself was established through an act of Congress, the Judiciary Act of 1789, and Congress has had the power to both set the number of judges and impeach them throughout the entire history of the United States. If Congress had the will to do so, they could repeal and replace the Judiciary Act and still be under their Constitutional mandate - and the Act has been amended and expanded on substantially by Congress since its inception.

    Alioto should be disbarred for even suggesting such a facetious legal theory.