On Friday October 16, 2026, Judge Michael Simon of the U.S. District Court for the District of Oregon entered a preliminary injunction in favor of three naturopathic medicine associations that represent naturopathic medical colleges, naturopathic doctors, and naturopathic medical students in a lawsuit arising out of the U.S. Department of Education’s “RISE” rule. The rule distinguishes between graduate degrees and professional degrees and sets higher student loan limits for the latter. On a challenge to the rule’s treatment of the Doctor of Naturopathic Medicine (N.D.) degree as a “graduate degree,” Judge Simon awarded preliminary relief to the plaintiffs and directed the Department to treat the N.D. degree as a “professional degree.” Accordingly, N.D. students are eligible for the higher “professional-student” Direct Unsubsidized Loan limits ($50,000 annually and $200,000 aggregate, versus $20,500 and $100,000 for graduate students).
In so ruling, Judge Simon’s 60-page opinion held, inter alia, that plaintiffs clearly showed a likelihood of success on their claim that the rule’s exclusion of the N.D. degree is contrary to law because the Department applied extra-statutory criteria when it determined that an N.D. degree was not a “professional degree” under the three-part statutory test. Judge Simon also held that plaintiffs clearly showed a likelihood of success on their arbitrary and capricious claims based on the Department’s inconsistent treatment of the N.D. degree compared to other degrees and the Department’s unexplained departure from its prior treatment of the N.D. degree. Judge Simon further found that plaintiffs showed irreparable harm and that the balance of the equities and public interest favored plaintiffs, waived any bond, and denied the Department’s request for a stay pending appeal.
The injunction covers the three associational plaintiffs and their members. One plaintiff is the Association of Naturopathic Medical Colleges, and its members include postsecondary educational institutions that offer a program leading to the N.D. degree. The other two plaintiffs are the Naturopathic Medical Student Association and the American Association of Naturopathic Physicians, and their members include students pursuing an N.D. degree at these institutions.
TC’s Take
At least five other pending cases challenge the rule’s failure to treat various degrees as “professional degrees.” Significantly, the Department has demonstrated that it is unlikely to treat any particular degree as a “professional degree,” if not already so designated, unless a court tells it to do so. Judge Simon’s injunction is the first to affirmatively award “professional degree” status to a single degree.
The Department may appeal the injunction to the Ninth Circuit or instead may seek an expedited summary judgment ruling. Several of the other five pending cases are already on an expedited summary judgment briefing schedule that concludes before year-end.
Each case seeks relief only for the degrees specifically identified in that case, and any favorable judgment will only apply to the degrees identified in any particular case. If you have questions about a degree not already included in a lawsuit, and what options may be available, please do not hesitate to contact Tres Cleveland, Brandt Hill, Lorrie Hargrove, and Alex Spanos, who practice in Thompson Coburn’s nationally recognized Higher Education practice.
