K-12 Dive: Prof. Aaron Saiger on How Supreme Court’s Chevron Ruling Could Affect K-12 Policies


Fordham Law Professor Aaron Saiger spoke with K-12 Dive about the recent U.S. Supreme Court 6-3 decision overturning the landmark 1984 decision that gave rise to the “Chevron deference,” which will likely impact how K-12 schools are regulated at the federal level.

“It will now be easier and more common for federal courts to set aside regulatory decisions made by the federal Department of Education,” said Aaron Saiger, a law professor at Fordham Law School, in an email. “Over time, the Department will become more and more constrained by judicial precedent in establishing its regulatory approaches, and less able to change policy to reflect the politics of the sitting President.”

Saiger said he foresees change in overall policymaking.

“It is hard to predict what will happen next, beyond that there will be a great deal of movement,” said Saiger. “Over time, one should expect court decisions to constrain the Department, making ‘ping-ponging’ more difficult.”

However, he said, the new situation will still lead to inconsistencies, but this time through legal decisions by courts in different jurisdictions. In the end, Saiger said, that could mean an inconsistent impact on how states regulate education.

Read “How the Chevron ruling could affect K-12 policies” on K-12 Dive.


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