ARTICLE · 30 OCTOBER 2024

Loper Bright, Final Rule Injunctions, And More – Just How Messy Are Things Going To Get?

Montgomery McCracken Walker & Rhoads LLP

Explore more from Montgomery McCracken Walker & Rhoads LLP

To say that it has been an exciting summer in the world of administrative law and therefore, for the Department of Education (DOE), would be an understatement.

United StatesConsumer Protection

Carrie Evans Wilson

Abigail L. Parnell

To say that it has been an exciting summer in the world of administrative law and therefore, for the Department of Education (DOE), would be an understatement. As of today, 26 states have been successful in their efforts to obtain preliminary injunctions barring the DOE from enforcing the Final Rule interpreting Title IX issued in April. Four of those states lost at the trial court level but convinced the Eleventh Circuit to come to their aid. Other Circuit courts have yet to weigh in. Complicating matters, the DOE is also enjoined from enforcing the rule at numerous educational institutions outside those 26 states. What happened, and what is the broader context here?

The fireworks in the world of administrative law started on June 28, 2024, when the Supreme Court overturned 40 years of precedent requiring courts to defer to federal agencies' reasonable interpretations of federal law. See Loper Bright Enterprises, et al v. Raimondo, (Docket No. 22-451) and Relentle

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