Civil Action No. 2021-0169
D.D.C.Jan 15, 2025Background
- The Secular Student Alliance and Declan A. Galli sued the U.S. Department of Education and its Secretary, challenging the agency's "Free Inquiry Rule. "
- The Rule requires federally funded colleges and universities to exempt religious student organizations from nondiscrimination policies that otherwise apply to university-funded organizations.
- Plaintiffs raised four claims, but this decision only addresses two: ultra vires action and exceeding statutory authority under the Administrative Procedure Act (APA).
- After lengthy regulatory delay and multiple status reports, cross-motions for summary judgment were filed by both parties.
- The Court focused on whether the Department had statutory authority under 20 U.S.C. § 1221e-3 (and, if necessary, § 3474) to issue the Rule.
- The Court declined to address issues of whether the Rule was arbitrary, capricious, or contrary to law, as those claims are reserved for future adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory Authority to Promulgate Rule | Department lacked authority for the Rule; no basis in HEA | Department had broad authority under §1221e-3 to regulate aid terms | Department had authority under §1221e-3 |
| Limitation by Other Federal Laws | §1011a limits Department from allowing discrimination | §1011a is precatory, not a legal limitation on rulemaking | §1011a is not a binding limitation |
| Rule Applies to Applicable Programs | Rule exceeds scope as it is not tied to a specific program | Rule applies to applicable Department-administered grant programs | Rule governs applicable programs as defined |
| Necessity of Considering §3474 Authority | Authority should be strictly construed if §1221e-3 is insufficient | §1221e-3 alone provides sufficient authority | Court need not address §3474 |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard for federal cases)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (evidentiary standards on summary judgment)
- Nat’l Petroleum Refiners Ass’n v. FTC, 482 F.2d 672 (D.C. Cir. 1973) (agency rulemaking authority must come from statute)
- Jolly v. Listerman, 672 F.2d 935 (D.C. Cir. 1982) ("should" language generally construed as precatory)
- Emergency Coal. to Def. Educ. Travel v. U.S. Dep’t of the Treasury, 545 F.3d 4 (D.C. Cir. 2008) ("sense of Congress" not binding law)