“It’s an obvious standing hurdle. It seems plausible to me that some plaintiffs could overcome it,” said Richard Re, University of Virginia law professor. “If someone can show that this measure will cost them something financially, that would probably be the strongest way to have a challenge be heard on the merits.”
Re and others have suggested that loan servicers could potentially sue to stop the loan forgiveness. Erickson said that borrowers who fall just outside the income bracket for the loan forgiveness — such as those who make $126,000 per year — may also be able to sue.
Should they retake control of the House of Representatives in the upcoming midterm elections, Republicans could also file a lawsuit against the student loan forgiveness plan as early as January, she said, like the suit then-House Speaker John Boehner (R-Ohio) filed over the Affordable Care Act in 2014.
...
“The difficulty, I think, is I don’t know who has standing to sue,” said Neal McCluskey, a policy analyst at the CATO Institute. “So, the most direct harm it seems to me is on taxpayers because they’re not getting repaid and they have to cover government spending.”