Supreme Court Overturns Chevron Deference: What It Means for Higher Ed

One big thing

The Supreme Court’s decision to overturn Chevron deference will have major implications for how federal agencies operate, especially in higher education.

Why it matters

• Higher ed is “probably the most affected” sector, as nearly all aspects are regulated, from staffing to curriculum.
• The ruling shifts power away from executive agencies and back to Congress and the courts.
• It could lead to a “tsunami of litigation” challenging agency interpretations of laws.

What’s next

• Congress will need to write clearer, more detailed laws rather than relying on agencies to fill in gaps.
• Higher ed leaders should get more involved in crafting legislation and providing expertise to Congress.
• The rulemaking process will likely become more technical and information-focused.

The bottom line

While creating short-term uncertainty, this ruling creates a move in accountability and power from the executive branch to the legislative and judicial branches of government. The executive branch will need to focus on technical execution as opposed to interpretation of congressional intent. Congress will need to find ways to more effectively legislate. The Judiciary will settle disputes without deference to the executive branch interpretation.