As Eugene mentioned yesterday, the Missouri Higher Education Loan Association (MOHELA), has threatened to bring a lawsuit for libel. but New York Times v. Sullivan, among other cases, say the constitution forbids libel suits brought by the government. The Washington Post ran a story about this, and asked me (and Sam Bray) for a comment in light of our writing about the constitutional status of MOHELA in the context of Biden v. Nebraska. (Amicus brief; HLR Case Comment).
I wrote back: "It is not clear whether the Supreme Court's ruling that a harm to MOHELA is necessarily a harm to Missouri also means that MOHELA is the same as the state for other legal purposes," and a paraphrase of my comment was added to the story. Since it might look like Eugene and I are in some kind of disagreement here, I thought I would explain:
My main point was that the state standing question resolved in Biden v. Nebraska seemed to be intentionally separate from many other legal questions one might ask about the state status of MOHELA.
