The problem is finding someone with standing to sue

 National Review:

Biden’s Student-Loan Action Is Obviously Unconstitutional. So Why Can’t Anyone Stop It?

Standing is how courts determine whether someone has the right to sue.  Congress might be able to impeach Biden over the unconstitutional act but that is clearly a problem as long as Democrats have a substantial number of senators who want to go along with the scam.

See, also:

Appeals court temporarily halts Biden’s student debt relief program

The federal appeals court barred the Biden administration from discharging debt as it weighs a request from six Republican-led states to block the student loan forgiveness plan.

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