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Supreme Court Rules on the Chevron Deference

On Friday morning, June 28, the Supreme Court issued a far-reaching ruling overturning years of case law on what is known as the Chevron Framework or Chevron Deference. The overturning of the Chevron Deference has complex implications for federal higher education regulations for years to come.

The Chevron Deference allows federal agencies to fill in the gaps of laws passed by Congress reasoning that agency personnel have the policy expertise to implement federal regulations when federal law is ambiguous or unclear.

This decision by the Supreme Court will significantly impact federal agencies’ ability to promulgate regulations. Many recently promulgated regulations are likely to face legal challenges as a result of this decision.

The Department of Labor’s Overtime Regulations were the first to be challenged in a lawsuit after the Chevron decision. Many more are expected.

For more information, see the opinion article from Jon Fansmith, senior vice president for government relations and national engagement at the American Council on Education outlining the implications of the Chevron Deference opinion.

For more information, email WAICU Executive Vice President for External Relations Rebecca Larson.