Fordham Law Professor Abner Greene spoke with Education Week about the recent U.S. Supreme Court 6-3 decision overturning the landmark 1984 decision that gave rise to the “Chevron deference,” which could have near-term implications on matters such as the U.S. Department of Education’s recent final regulation interpreting Title IX to protect transgender students.
Abner S. Greene, a law professor at Fordham University and an expert on administrative law, said in an interview that the change in courts’ approach to regulatory matters is likely to be profound.
“The Roberts opinion seems to think courts have all the right answers,” he said.
Federal agencies such as the Education Department will have specific authority when Congress spells it out clearly in the laws it passes, but many statutes have vague and ambiguous provisions, and courts will now have more power to essentially make policy decisions, Greene said.
