Recent Supreme Court Decisions: Chevron, Loper Bright, and Corner Post… What Are These and How Do They Affect Distance Education?

In the last month, you may have seen a flurry of articles indicating the demise of the Federal regulatory landscape as we know it. This is due to a recent U.S. Supreme Court decision in Loper Bright Enterprises vs. Raimondo and Relentless Inc. v. Department of Commerce. Many articles argue that the sky is falling on the development of federal regulations. The word “chaos” has been used by multiple colleagues with smart minds. Truthfully, it could be several years before we actually see the impact of the court’s decision on administrative rules due to eliminating the 40-year-old precedent colloquially called the “Chevron Deference.” As we will explain, you can anticipate that courts, Congress, and administrative agencies will react and forge a path forward in light of the new decision.

There are deep legal nuances addressed in the court’s opinions, but in this post, we will focus on the information you need to understand the case and its potential impact on recent and future Federal regulations, specifically those addressing distance education.

To further complicate matters, we urge readers to keep an eye on the impact of Corner Post, Inc. v Board of Governors of the Federal Reserve System). This recent opinion expands when the statute of limitations begins for a plaintiff to challenge existing regulations. [...]