As federal courts across the country continue to issue temporary injunctions against enforcement of the Biden Administration’s Title IX regulations set to take effect Aug. 1, experts say the U.S. Supreme Court decision overturning Chevron deference played a major role even before the decision was handed down.
The states challenging the final version of Title XI regulations issued by the Department of Education in April have been largely successful in arguing that the agency overstepped its power in issuing new regulations. The U.S. Supreme Court decision in Loper Bright Enterprises v. Raimando, which was issued in late June, overturned the principle that courts defer to federal agencies for their reasonable interpretations of their own regulations. That decision, which eliminated Chevron deference, may have impacted the courts decisions even before it was handed down, experts said.