TBA Law Blog


Posted by: Stacey Shrader Joslin on Feb 20, 2025

Judges continue to rule on Biden administration policies. Last week, a federal judge in Texas allowed a rule to take effect that permits retirement plans to consider “Environmental, Social and Governance” (ESG) factors as a “tie breaker” between equally valid options when making investment decisions. The decision came after the 5th U.S. Circuit Court of Appeals sent the case back to the trial court with instructions to consider the impact of the U.S. Supreme Court’s ruling overturning the Chevron doctrine. National Law Review has more on the decision. Tennessee Attorney General Jonathan Skrmetti, in partnership with 24 other state attorneys general, had sued over the rule in 2023. In another case, a federal rule barring discrimination based on sexual orientation and gender identity in federally funded schools was struck down. The judge in that case said the Education Department exceeded its authority when it crafted the rule interpreting Title IX. Bloomberg Law reports on that finding. Skrmetti had sued over that rule as well. Finally, the 8th U.S. Circuit Court of Appeals has blocked Biden's student debt relief plan, Reuters reports.