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High Court Expands Power of Executive Agencies

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Federal agencies do not need to submit "interpretive rules" to the same notice-and-comment procedures required of formal regulations, the U.S. Supreme Court has ruled.

The National School Boards Association, which had joined other local-government groups in filing a brief against the Obama administration, says the decision issued this month could embolden the U.S. Department of Education to exert authority through "dear colleague" letters and other less-formal guidance.

Although the court was unanimous in the case's outcome, three justices expressed concerns about the growing administrative power of the executive branch of the federal government.

Vol. 34, Issue 24, Page 4

Published in Print: March 18, 2015, as High Court Expands Power of Executive Agencies
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