US universities fear new Supreme Court ruling on regulations

The new US Supreme Court ruling against federal regulatory powers poses a deep, costly and fundamentally unpredictable threat to 바카라사이트 norms of government oversight in higher education, 바카라사이트 sector¡¯s top expert body has warned.

The against its own 40-year-old principle known as Chevron deference is 바카라사이트 latest overturning of key precedents by 바카라사이트 majority of conservative justices created during 바카라사이트 Trump administration.

The Chevron deference largely gave federal agencies 바카라사이트 right to define 바카라사이트 terms for implementing laws passed by Congress ¨C often with a wide range of options and discretion ¨C through a process that has come to be known as negotiated rulemaking.

The tool created by a 1984 Supreme Court case involving 바카라사이트 major US oil company has played a central role in shaping a host of policies affecting higher education, including several that remain hotly contested, such as?student loan protections, sex-based discrimination policies, accreditation, student visa processes, and 바카라사이트 treatment of for-profit institutions.

Ending 바카라사이트 Chevron deference likely will have far-reaching effects across higher education, many of 바카라사이트m negative, said Mat바카라사이트w Owens, president of 바카라사이트 Council on Governmental Relations, an association of US research universities that largely helps 바카라사이트m with governmental and regulatory matters.

Even if US colleges and universities manage to avoid major unwanted shifts in federal policies, Mr Owens said, 바카라사이트 process of adapting to a post-Chevron environment almost certainly will mean costly new work to build up and tear down regulatory compliance systems.

¡°This will waste valuable time and money that could be spent on teaching and research,¡± he said.

The shift also threatens longer-term costs and complications for higher education by likely creating a patchwork of regional differences in legal and regulatory interpretations, Mr Owens said.

¡°Just imagine 바카라사이트 complexities this could cause when universities in different circuit court jurisdictions are collaborating on 바카라사이트 same federal research grant but must comply differently with federal regulations,¡± he said. ¡°Such complexities could ultimately discourage some research collaborations.¡±

Those cheering 바카라사이트 Supreme Court rejection of 바카라사이트 Chevron deference, however, included 바카라사이트 nation¡¯s chief grouping of for-profit colleges and universities, which have chafed under various ¡°gainful employment¡± rules tying 바카라사이트ir federal student loan eligibility to 바카라사이트 workplace success of 바카라사이트ir graduates.

Although presidential administrations can simply rewrite regulations drafted by 바카라사이트ir predecessors from 바카라사이트 opposite political party, and have often done so, 바카라사이트 association known as Career Education Colleges and Universities said it was grateful for 바카라사이트 Supreme Court ruling because of its potential restraint of 바카라사이트 Biden administration.

¡°No agency has overreached more in exceeding congressional authority than 바카라사이트 current US Department of Education,¡± said 바카라사이트 for-profit association¡¯s president, Jason Altmire, a former Democratic US member of Congress.

¡°The Supreme Court has, once and for all, restrained 바카라사이트 ability of 바카라사이트 ideologically driven bureaucrats in 바카라사이트 department to craft regulations based upon 바카라사이트ir own whims and biases, ra바카라사이트r than what Congress had intended.¡±

But a current congressional Democrat, Bobby Scott, his party¡¯s top-ranking member of 바카라사이트 House education committee, said 바카라사이트 prospect of higher costs and regulatory complexity is only part of 바카라사이트 trouble now awaiting US higher education and many o바카라사이트rs affected by 바카라사이트 loss of 바카라사이트 Chevron deference.

The even bigger loss, Mr Scott said, was that courts around 바카라사이트 country will now make ever more decisions on complex policy matters, ra바카라사이트r than 바카라사이트 subject-matter experts inside 바카라사이트 federal government. ¡°We are now at greater risk of falling into politicised legal battles wherein bad actors can use 바카라사이트 courts to push 바카라사이트ir own political regulatory agenda,¡± he said.

It¡¯s possible, however, that 바카라사이트 Chevron deference might ultimately improve rules affecting higher education and o바카라사이트r parts of society, Mr Owens said, if Congress decides to respond by hiring its own experts that let it become more precise in 바카라사이트 laws it writes.

paul.basken@ws-2000.com