Twenty States Sue the White House for Dismantling the DOE
Twenty states have filed a lawsuit against the White House for its endeavor of abolishing the Department of Education (DOE). The United States District Court for the District of Massachusetts is overseeing the suit.
The plaintiff states filing the lawsuit are New York, Massachusetts, Hawaii, California, Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan (through Attorney Genral Dana Nessel, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The District of Columbia is an additional plaintiff.
The lawsuit comes two days after the slashing of nearly half the DOE workforce by Secretary of Education Linda McMahon. This is a declared a first step toward the overall dismantling of the department.
Secretary McMahon, the DOE, and President Donald Trump are defendants.
The plaintiff states find the DOE essential, and argue on its behalf in the opening of the suit:
“The Department [of Education] provides funds for low-income children and students with disabilities. It enforces the laws that prohibit discrimination in education. It administers federal student aid programs. These are just some of the key ways the congressional acts governing the existence and responsibilities of the Department are deeply intertwined with the education systems in Plaintiff States.”
The reduction in the DOE’s workforce “is equivalent to incapacitating key, statutorily-mandated functions of the Department, causing immense damage to Plaintiff States and their educational systems.”
The plaintiff states “seek declaratory and injunctive relief” against the “directive” leading towards the DOE’s abolishment along with any action taken toward that goal. They claim this directive violates the Administrative Procedure Act (APA).
Moreover, the plaintiff states also claim the President has no constitutional authority to “incapacitate” an agency “created” by Congress. Any attempt to reduce the DOE’s workforce must abide by certain employee regulation preferences:
“[I]n any reduction in personnel in any civilian service of any Federal agency, competing employees shall be released in accordance with Civil Service Commission regulations which shall give due effect to tenure of employment, military preference, length of service, and efficiency ratings.”
In their plea to the Court, the plaintiff states are adamant that the DOE remains intact.
