Oral argument in Gloucester County School Board v. G.G., No. 16-273, will occur on Tuesday, March 28, 2017 at 10:00 AM in the U.S. Supreme Court.
The Court will hear from counsel on two issues: (1) If [the doctrine of Auer deference] is retained, should deference extend to an unpublished agency [U.S. Department of Education] letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought? (2) With or without deference to the agency, should the Department’s specific interpretation of Title IX and 34 C.F.R. 106.33 be given effect?