I think they backed down because the language of the emergency rule lifting the in-person course requirement said it would remain “in effect for the duration of

I think they backed down because the language of the emergency rule lifting the in-person course requirement said it would remain “in effect for the duration of the emergency.” The Covid-19 National Emergency Declaration is still in force. I wouldn't be surprised if the Trump admin is working on an Executive Order. It would get around a lot of the arguments Harvard/MIT were making related to improper administrative rule-making by ICE.