SCOTUS leaves 8th circuit's injunction in place, sets oral arguments for February 2023 for
Biden's student loan forgiveness program.
Steve Vladeck
@steve_vladeck
#SCOTUS leaves in place Eighth Circuit’s emergency nationwide injunction blocking the student loan debt relief program pending expedited merits argument.
Among other things, it’s another example of the Court punting a major dispute from the shadow docket to the merits docket.
2. It's better to be in the merits docket than the shadow docket.
In all probability the Injustices will rule against allowing the President's student loan debt relief but they'll have to put their names with their votes.
There is a remote possibility that a couple of them actually want to restore some of the lost luster of the court and might vote to allow the debt relief. They haven't been quite so cavalier this term as last. But the possibility is remote.