Demise of Chevron Deference Likely Played a Major Role in Successful Title IX Challenges, Experts Say

“The fact that the Chevron challenge was pending during the briefing cycle, in effect, robbed the Department of Education of the ability to rely on Chevron in its briefs, which I think was important and made the department’s case weaker than it otherwise would have been,” Brooklyn College history and legal affairs professor KC Johnson said.

       
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