A reminder: in the #8thCircuit #studentloans case Nebraska v. Biden, briefing has been complete as to the red state plaintiffs' emergency motion for injunction pending appeal since Oct. 25.
Recall that the 8th Circuit entered an "administrative stay" as to the district court's dismissal of the case for lack of standing, temporarily pausing all student loan cancellation, and then issued an expedited briefing schedule.
10 days have passed, and still no ruling.
As plenty of people have noted, it's not clear how a court may "stay" a dismissal for lack of standing.
And while I firmly believe that courts should not needlessly rush orders, this motion is on an expedited schedule, and it considers standing issues that (IMO) are relatively easy to resolve under existing law. It's not clear why this order is taking so long.
But in the meantime, the Biden admin is effectively operating under an injunction barring student loan cancellation.
jsjoshua
JB Emmons