Remember yesterday? Well, that’s old news.
The 11th U.S. Circuit Court of Appeals approved a motion by Florida, Alabama, Georgia and South Carolina and four other plaintiffs for an administrative injunction.
The Department is enjoined from enforcing the final rule adopted on April 29, 2024 . . . pending further order of this Court. The order then sets out a briefing schedule through next Wednesday.
The Department filed a Notice of Compliance on the docket to indicate that their understanding is that the order related to the plaintiff states and their requested relief, which was geographically limited to the plaintiff states. In other words, the Department is taking the position that they are only enjoined from enforcing the rule in the plaintiff states, and that they will comply with that order. The Department of Education is not interpreting the court’s order as a nationwide injunction.