The Trump administration has moved to halt Supreme Court proceedings in four pivotal cases involving environmental and education policies established under the Biden administration. In filings submitted by Acting Solicitor General Sarah Harris, the government requested that the Court pause briefing schedules to allow federal agencies—namely, the Environmental Protection Agency (EPA) and the Department of Education—to reassess their regulations and decisions at the heart of these disputes.
The cases, slated for argument in the 2024-25 term, involve challenges to:
- Student loan forgiveness rules for borrowers defrauded by schools (Department of Education v. Career Colleges and Schools of Texas).
- California’s authority to enforce zero-emission vehicle standards (Diamond Alternative Energy v. Environmental Protection Agency).
- The EPA’s role in rejecting state air quality plans under the Clean Air Act (Oklahoma v. Environmental Protection Agency).
- Small oil refineries’ challenge to EPA’s renewable fuel regulations (Environmental Protection Agency v. Calumet Shreveport Refining).
This move highlights a growing trend where new administrations reconsider legal positions inherited from their predecessors, departing from the traditional practice of maintaining continuity in Supreme Court litigation.
A Shift in Legal Strategy? The Role of the Solicitor General
Historically, even amid political transitions, the Solicitor General—often referred to as the “tenth justice” due to the respect given to the office—has upheld prior administrations’ legal positions. However, both the Trump and Biden administrations have deviated from this tradition, seeking to reverse stances on key policy cases before the Court.
Harris, a former clerk to Justice Clarence Thomas, is leading this effort while awaiting Senate confirmation of Trump’s permanent Solicitor General nominee, D. John Sauer. If granted, these delays could allow the Trump administration to reshape policies before the Supreme Court issues any rulings.
Key Cases Under Review
1. Student Loan Forgiveness Rule (Department of Education v. Career Colleges and Schools of Texas)
- The Biden administration introduced a streamlined process for students seeking loan forgiveness due to fraud or school closures.
- The 5th Circuit blocked the rule, prompting Supreme Court review.
- The Trump administration now wants the Department of Education to reassess its stance.
- For-profit colleges, the challengers in the case, have agreed to the briefing pause.
2. California’s Zero-Emissions Vehicle Mandate (Diamond Alternative Energy v. EPA)
- The EPA had reinstated a waiver allowing California to set strict greenhouse gas limits and require zero-emission vehicles by 2035.
- Fuel producers challenged this decision, arguing they have standing to sue.
- The Trump administration wants the EPA to reconsider the waiver, potentially undermining California’s authority.
- Fuel producers oppose delaying the case and will file a response.
3. Clean Air Act and State Air Quality Plans (Oklahoma v. EPA)
- The EPA rejected several state-submitted air quality plans under the Clean Air Act’s “good neighbor” provision.
- The case centers on whether such disputes should be heard in the D.C. Circuit.
- The Trump administration is reevaluating the decision, questioning whether the case should proceed.
- The challengers plan to oppose the delay request.
4. Renewable Fuel Standards and Small Oil Refineries (EPA v. Calumet Shreveport Refining)
- Small oil refineries sought exemptions from EPA’s Renewable Fuel Standards, but their requests were denied.
- The case examines whether these challenges must be litigated in the D.C. Circuit.
- The Trump administration wants the EPA to revisit its decision, but the refineries oppose the delay.
Legal and Political Implications
This move could significantly impact federal policymaking. If the Supreme Court grants the requests, the Trump administration would gain time to rewrite or repeal Biden-era regulations without a definitive legal ruling.
Additionally, this case underscores the growing use of policy reversals through litigation delays, a tactic increasingly employed by both Democratic and Republican administrations. The Supreme Court’s response will be closely watched for its broader implications on judicial continuity and executive power shifts.
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