THE ADMINISTRATIVE STATE UNDER THREAT: HOW LOPER BRIGHT ENDANGERS CIVIL RIGHTS AND DISABILITY PROTECTIONS IN EDUCATION

Abstract

The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (2024) has sweeping implications for administrative law and civil rights enforcement. By overturning the longstanding Chevron deference doctrine, the Court shifted interpretive authority from federal agencies to the judiciary, fundamentally altering the balance of power within the administrative state. This transition weakens agency autonomy, undermines the role of subject-matter expertise, and creates legal uncertainty, particularly in the enforcement of key anti-discrimination statutes such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act (ADA). Replacing Chevron with the more discretionary Skidmore standard invites inconsistent judicial interpretations, fragmenting national protections and delaying enforcement. Ultimately, the decision risks destabilizing civil rights safeguards for vulnerable populations, especially students with disabilities, while raising broader concerns about separation of powers, regulatory effectiveness, and equitable access to education.