Congress, under pressure from TFA and perhaps taking account of the severe disruption of
schools that could result from the 9th Circuit's decision, resolved this judicially created
imbroglio by writing the DOE's regulation into law.
Before turning the page on the Obey - Obama defense supplemental
imbroglio, however, a postmortem is in order — especially given some worrisome portents for the administration's
school reform agenda.