after the Supreme Court’s move to overturn a long-standing legal precedent last week. Just days later, litigants around the country are already taking aim at some rules with new motions and filings.deference,” which generally required courts to defer to the expertise of federal experts when regulations faced scrutiny.
The new legal landscape will make it harder for the department to defend its “pro-student” regulations, said Dan Zibel, co-founder of the National Student Legal Defense Network and a former deputy assistant general counsel in the Education Department under President Barack Obama.protecting transgender students and laying out how schools must respond to accusations of sexual assault and harassment was already being challenged, and the new ruling gives opponents further ammunition to stop it.
“The question is going to be, ‘Did Congress clearly intend to give EPA authority to force a fundamental shift in the transportation sector?’” Holmstead said.Publicly traded companies are soon supposed to start sharing key details about their carbon footprints and how much of a threat climate changes poses to their bottom lines. But the Supreme Court’s decision may kill that requirement before it even takes effect.
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