State Standing After Biden v. Nebraska

Abstract

In recent years, the federal courts have seen a plethora of lawsuits originated by states challenging federal government actions. As a result, there are growing concerns that disputes that belong in the political arena are instead becoming the province of the courts. Biden v. Nebraska, in which the Court held that the state of Missouri had standing because it could claim as its own the economic impact of student debt forgiveness on the Missouri Higher Education Loan Authority (MOHELA), has intensified these concerns. Our article analyzes state standing after Biden v. Nebraska and other recent cases and provides specific recommendations for limiting state standing going forward.

Keywords: Standing, state standing, parens patriae, sovereignty standing, Biden v. Nebraska, student loans, student debt, loan forgiveness, federal courts, federalism, separation of powers, executive power, legislative standing