Almost immediately after the 2024 regulations were announced, 15 states joined in litigation challenging the regulations under a variety of theories including that the regulations violate the Administrative Procedures Act and the Spendings clause.  The number of states challenging the regulations now stands at 26.  With an implementation date of August 1, 2024 quickly approaching, however, educational institutions will need to plan for compliance while keeping a close eye on these lawsuits.

The lawsuits hail from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.