When Trump promised to shut down the U.S. Department of Education during his campaign, he must have known that he couldn’t close down a department without Congressional approval. Everyone else knew it. He brought in wrestling entrepreneur Linda McMahon as Secretary of Education to preside over the Department’s demise. He never sought Congressional approval.
Elon Musk’s DOGS team did the dirty work, laying off half the Department’s employees, some 1300 people.
The most severely affected offices were the Federal Student Aid office, the Office for Civil Rights, and the Institute for Education Sciences (which oversees federal research and NAEP). The IES was eliminated, leaving future administrations of NAEP in doubt and disemboweling the government’s essential historic role in compiling data about education.
But today a federal judge ruled that the shuttering of ED was wrong and that everyone laid off should be rehired. Bottom line: a President can’t close a Congressionally authorized department by executive order.
WASHINGTON (AP) — A federal judge on Thursday blocked President Donald Trump’s executive order to shut down the Education Department and ordered the agency to reinstate employees who were fired in mass layoffs.
U.S. District Judge Myong Joun in Boston granted a preliminary injunction stopping the Trump administration from carrying out two plans announced in March that sought to work toward Trump’s goal to dismantle the department. It marks a setback to one of the Republican president’s campaign promises.
The injunction was requested in a lawsuit filed by the Somerville and Easthampton school districts in Massachusetts and the American Federation of Teachers, along with other education groups.
In their lawsuit, the groups said the layoffs amounted to an illegal shutdown of the Education Department. They said it left the department unable to carry out responsibilities required by Congress, including duties to support special education, distribute financial aid and enforce civil rights laws.
In his order, Joun said the plaintiffs painted a “stark picture of the irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations.”
Layoffs of that scale, he added, “will likely cripple the Department.”
Joun ordered the Education Department to reinstate federal workers who were terminated as part of the March 11 layoff announcement.
The Trump administration says the layoffs are aimed at efficiency, not a department shutdown. Trump has called for the closure of the agency but recognizes it must be carried out by Congress, the government said.
The administration said restructuring the agency “may impact certain services until the reorganization is finished” but it’s committed to fulfilling its statutory requirements.