Pennsylvania et al. v. DeVos

Category: Due Process

Current Status: FIRE, Independent Women’s Law Center, and Speech First filed a motion to intervene as defendants, which was granted on July 6, 2020. The court denied plaintiffs’ motion for a preliminary injunction on August 12. On January 19, 2021 we filed our brief in support of summary judgment arguing that the Department of Education's rule is constitutionally required under Davis and not arbitrary or capricious under the APA. On February 4, the Court granted the State of Texas' Motion to Intervene as defendant and stayed the case for 60 days to allow time for the incoming Department leadership to review the rule. On March 11, the Court granted Plaintiffs' and Defendants' joint motion to hold the case in abeyance to allow the government to evaluate potential regulatory changes which may alter the course of litigation.

Pennsylvania, New Jersey, California, Colorado, Delaware, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and D.C. v. Elisabeth D. Devos, United States Department of Education, and Texas (U.S. District Court for the District of Columbia) (filed June 4, 2020)