The Department of Education Is Making a Great Case for Its Own Abolition

Jonathan Butcher & Lindsey M. Burke:

The department is playing fast and loose with taxpayer money and federal law. But that is about to change. Last week, the Supreme Court held in Loper Bright v. Raimondo that administrative agencies (like the Department of Education) no longer deserve deference from the courts when there is ambiguity in federal law. Known as Chevron deference, this practice gave outsized influence to unelected bureaucrats in federal departments to interpret the law. For instance, consider that the Biden administration’s attempt to rewrite Title IX comes in a 423-page regulation based on just 37 words in the original statue. That’s exactly the kind of overreach the Supreme Court just rejected.

The administration’s future plans to shift the burden of student loan repayments to taxpayers face an uphill battle in the wake of Loper. Based on a few vague words in the Higher Education Act, the Department of Education’s Savings on Valuable Education plan rewards upper-income earners and penalizes responsible borrowers who repaid their own loans. Fortunately for taxpayers, the Loper decision will make it harder for the agency to force taxpayers to pay for college loans.

Overturning Chevron should help wind down a department that Jimmy Carter created after making promises to teacher unions. The Education Department has clearly failed to live up to its promises to American children. It would be a victory for families and students to end the agency’s losing streak by closing it down.