Law & Courts News in Brief

High Court Expands Power of Executive Agencies

By Mark Walsh — March 17, 2015 1 min read

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.

A version of this article appeared in the March 18, 2015 edition of Education Week as High Court Expands Power of Executive Agencies

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