States v. Cardona

4 Citing cases

  1. Ark. v. United States Dep't of Educ.

    4:24 CV 636 RWS (E.D. Mo. Jul. 24, 2024)   Cited 1 times

    States have an interest in “the exercise of sovereign power over individuals and entities within the relevant jurisdiction-this involves the power to create and enforce a legal code, both civil and criminal.” Texas v. Cardona, No. 4:23-CV-00604-O, 2024 WL 2947022, at *11 (N.D. Tex. June 11, 2024) (quoting Alfred L. Snapp & Son, Inc. v. Puerto Rico, ex rel., Barez, 458 U.S. 592, 601 (1982)). Plaintiffs contend that the Department seeks to regulate Title IX in a manner that is not compatible with their state laws.

  2. Carroll Indep. Sch. Dist. v. United States Dep't of Educ.

    Civil Action 4:24-cv-00461-O (N.D. Tex. Jul. 12, 2024)   Cited 1 times

    Having considered the briefing and applicable law, the Court GRANTS in part and DEFERS in part Plaintiff's Motion to Delay Effective Date and for Injunction (ECF No. 15). In light of this Court's decision in Texas v. Cardona, No. 4:23-cv-00604-O, 2024 WL 2947022, (N.D. Tex. June 11, 2024), Plaintiff's claims regarding the pre-Final Rule Guidance Documents are MOOT. I. BACKGROUND

  3. Kansas v. United States Dep't of Educ.

    No. 24-4041-JWB (D. Kan. Jul. 2, 2024)   Cited 4 times
    Granting preliminary injunction to Kansas, Alaska, Utah, Wyoming, and various schools

    Under the APA, courts are ultimately authorized to set aside unlawful agency action, a remedy referred to as vacatur. See 5 U.S.C. § 706(2). “[V]acatur is universal in scope because an unlawful regulation cannot be vacated as to only one party.” Texas v. Cardona, No. 4:23-CV-00604-O, 2024 WL 2947022, at *47 (N.D. Tex. June 11, 2024) (citing Career Colls. & Schs. of Tex. v. U.S. Dep't of Educ., et al., 98 F.4th 220, 255 (5th Cir. 2024))

  4. State v. Cardona

    Civil Action 2: 24-072-DCR (E.D. Ky. Jun. 17, 2024)   Cited 4 times
    Discussing the history of Title IX

    But an agency has no authority to promulgate a regulation that “undoes the unambiguous language of the statute.” River City Fraternal Order of Police Lodge 614, Inc. v. Ky. Ret. Sys., 999 F.3d 1003, 1009 (6th Cir. 2021) (citing Chevron, 467 U.S. at 842-43); see also Contender Farms, L.L.P. v. U.S. Dep't of Agric., 779 F.3d 258, 274 (5th Cir. 2015) (stating that “a broad grant of general rulemaking authority does not allow an agency to make amendments to statutory provisions”); Texas v. Cardona,--F.3d--, 2024 WL 2947022 (N.D. Tex. June 11, 2024) (noting that “the Department lacks the authority to ‘rewrite clear statutory terms to suit its own sense of how the statute should operate'”) (quoting Util. Air Regul. Grp. v. EPA, 573 U.S. 302, 328 (2014)).