This will fail. If Republicans want to do something that will be legally plausible, though, why don't they promise to re-impose all student debt if they win the White House in 2024?
Yet WILL’s lawsuit rests entirely upon the discredited theory of taxpayer standing. Its plaintiffs complain that they are “witnessing a gargantuan increase in the national debt accomplished by a complete disregard for limitations on the constitutional spending authority.” This emotional and speculative objection to a federal expenditure isthe kind of “harm” that federal courts cannot adjudicate.
, the Supreme Court let taxpayers sue over violations of the First Amendment’s establishment clause, which guarantees the separation of church and state. As the court noted, this clause was designed to ensure that the “taxing and spending power” would never be used “to favor one religion over another or to support religion in general.
even modest expansions of the doctrine. Nobody seriously argues that Biden’s student debt relief breaches the separation of church and state, so WILL’s theory is a nonstarter.is a dead letter at this Supreme Court. Conservative justices like Antonin Scalia and Clarence Thomas have
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