U.S. Court of Appeals for the D.C. Circuit

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Case Updates

Private sector colleges and universities suffer defeat in challenge to DOE's Gainful Employment Rule

March 08, 2016

The D.C. Circuit upheld the DOE's Gainful Employment Rule.

U.S. Chamber supports challenge to DOE’s Gainful Employment Rule

October 06, 2015

In its brief, the U.S. Chamber urged the U.S. Court of Appeals for the D.C. Circuit to reverse the district court’s judgment upholding the Department of Education’s (DOE) Gainful Employment Rule.

The Chamber’s amicus brief warned that the debt-to-earnings test that is the centerpiece of the Gainful Employment Rule is contrary to the Higher Education Act. Furthermore, the Chamber argued that the rule, by forcing the closure of many private educational programs, will have a devastating effect on the many American businesses that rely on private sector postsecondary institutions to produce skilled employees to meet market demands, as well as on individuals in underserved communities.

Jonathan G. Cedarbaum and Bradley M. Baglien of Wilmer Cutler Pickering Hale and Dorr LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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