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Fifth Circuit Denies Petition for Rehearing

Fifth Circuit Denies Petition for Rehearing

What You Need to Know

Yesterday, the U.S. Court of Appeals for the Fifth Circuit ruled against the U.S. Department of Education’s petition for rehearing in CCST v. U.S. Department of Education. The Department filed this motion to overturn the Fifth Circuit’s previous order of a preliminary injunction preventing the Department from implementing the 2022 Borrower Defense to Repayment Rule. Petitions for rehearing are rarely granted, and the Fifth Circuit was not expected to grant this motion.

Why This Matters

As a result of the order, the preliminary injunction of the 2022 Borrower Defense to Repayment Rule will remain in effect as the U.S. District Court for the Western District of Texas continues to hear the case. AACS will continue to update membership on any developments on this case.

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