US Department of Education Rulemaking: Hiding Regulatory Elephants in Statutory Mouseholes? [ELPC]

The Supreme Court’s recent decision in Biden v. Nebraska has not ended questions about regulatory actions from President Biden’s Department of Education. The current administration has proposed important regulations regarding Title IX and student loan repayment, cancellation, and forgiveness. This panel will examine whether these and other major regulatory efforts by the Education Department rest on valid new uses for existing law or stretch the bounds of statutory language so far that they should trigger “judicial skepticism” under the Supreme Court’s “major questions doctrine.” What will become of these efforts to reshape federal education regulations, and what do they portend for rulemaking in future administrations?

Featuring:

- Jennifer Braceras, Director, Independent Women's Law Center, Independent Women's Forum
- Christian Corrigan, Solicitor General of Montana
- Professor Jed Shugerman, Boston University Law School
- Farnaz Thompson, Partner, McGuire Woods
- Lanae Erickson, Senior Vice President for Social Policy, Education & Politics, Third Way
- [Moderator] Hon. Michael Brennan, Judge, U.S. Court of Appeals for the 7th Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[saveamericanfreedom]

Your sex is the same sex you were born with. There should be no gender identity fantasies being taught to our children.

[AMBASSADOREnriquezFamilyNation]

please help me my son has been exposed and placed at risk to dishonest, abusive administrators that have violated all the expulsion educational codes, neglected to provide a transcript of the hearing and expelled him for a year at age 13. For the last 4 years we have experienced WAR acts against us by bad actors in a ill gotten game of liars capture and defame game.