Judge dismisses Wisconsin challenge to Biden's student loan cancellations over standing

Wisconsin’s challenge to President Biden’s student loan cancellation program is dead for the time being.

A federal judge in Green Bay on Thursday said the Wisconsin Institute for Law and Liberty and the Brown County Taxpayers Association don’t have the standing to challenge the program.

“Federal courts do not have jurisdiction to decide every legal question that may arise,” Judge William Griesbach wrote in his ruling. “Plaintiff asserts that it has taxpayer standing. The Supreme Court has repeatedly held, however, that ‘the payment of taxes is generally not enough to establish standing to challenge an action taken by the Federal Government.’”

WILL and the Taxpayers Association said in their lawsuit that President Biden overstepped his Constitutional authority by ordering $10,000 of student debt erased for most borrowers. People who received Pell Grants will see $20,000 of their debt erased.

WILL and the Taxpayers Association also accused the Biden Administration of injecting race in the cancellation program by tying the loan forgiveness to closing the racial wealth gap.

WILL is promising an appeal.

“This is an extraordinary case based on an extraordinary claim of executive power by the President,” WILL’s Deputy Counsel Dan Lennington said. “This case was always destined to be decided by higher courts, and we will continue the fight to the Court of Appeals and then the U.S. Supreme Court if necessary.”

WILL and the Taxpayers Association filed their lawsuit on Tuesday. They asked the judge for an immediate ruling because the Biden Administration could begin canceling student loans any day now.

There are, however, several other lawsuits in other states that also challenge the president’s plan. They are still pending.