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Supreme Court ruling and Congress gridlock are shifting higher-education policy toward courts and states, SHEO says
Summary
Tom Harnish told MEC attendees the Supreme Court’s recent narrowing of Chevron deference (Loperbreit Enterprises v. Bramato) moves policy decisions from agencies to courts and increases the chance that states will fill policy gaps; he cautioned this could create a patchwork of state rules and complicate regulatory consistency.
Tom Harnish, vice president for government relations at the State Higher Education Executive Officers Association, told Midwestern Higher Education Compact attendees that a major Supreme Court decision this year has limited courts’ deference to federal agencies and will change how federal higher-education policy is made.
"The Supreme Court ruled this summer that, we're actually not going to defer to federal agencies ... the courts are going to decide on the questions of…
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