New York Attorney General Letitia James and other Democratic attorneys general filed a motion on Monday to block President Donald Trump’s efforts to dismantle the Department of Education.
It comes after Trump signed an executive order on Thursday that said the education secretary will “to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities.”
Newsweek has contacted James’ office, the White House and the Department of Education for comment via email.
Why It Matters
James, a Democrat, has a long history of challenging Trump. During Trump’s first term, she launched several lawsuits against the administration, including over immigration and environmental policies, and has said she would continue to be a significant legal challenger in his second term.
She also filed a civil fraud lawsuit against Trump in 2022, alleging his company deceived banks, insurers and others by overvaluing assets and his net worth on financial paperwork to secure deals and loans. It led to a judgment that has ballooned with interest to more than $500 million. Trump denied wrongdoing and is appealing.
On March 13, she and 20 other Democratic attorneys general filed a federal lawsuit in Massachusetts challenging the Trump administration’s layoffs across the Department of Education Department, saying it amounts to an illegal dismantling of an agency created by Congress.
What To Know
James wrote in a post on X on Monday that the coalition of attorneys general are “asking a court to temporarily block Donald Trump’s illegal dismantling of the U.S. Department of Education.”
The motion for a preliminary injunction was filed as part of a March 13 lawsuit, after the department announced it had initiated mass layoffs to reduce the department’s workforce by about half.
It is requesting a court order for the Trump administration to immediately stop the mass layoffs and transfer of student loan management and special education services outside the department.
Trump told reporters on Friday that the student loans portfolio would be handled by the Small Business Administration, while special needs and nutrition programs would be administered by the Department of Health and Human Services.
The motion argues that the Trump administration’s efforts to dismantle the department are illegal and unconstitutional.
“The Executive Branch cannot abolish the Department or any of its statutorily mandated components by eliminating the staff required to meet Congress’ requirements,” the motion states. “Similarly, the President has no power to unilaterally and immediately transfer functions Congress assigned to the Department by statute.”
The motion also argues that the mass layoffs violate the Administrative Procedures Act, a law aimed at protecting from actions that may be deemed “arbitrary and capricious.”
What People Are Saying
New York Attorney General Letitia James said in a statement on Monday: “The Trump administration’s illegal cuts to the Department of Education are an attack on our educators, our schools, and our students. We sued to stop Trump from dismantling the Department of Education, and today we are seeking a court order to protect students and their families. As a proud product of New York public schools, I will continue to defend our schools and all those who depend on them.”
President Donald Trump said on Thursday: “Beyond these core necessities, my administration will take all lawful steps to shut down the department. We’re going to shut it down and shut it down as quickly as possible. It’s doing us no good. We want to return our students to the states, where just some of the governors here are so happy about this. They want education to come back to them, to come back to the states and they’re going to do a phenomenal job.”
Education Secretary Linda McMahon said in a statement on Thursday: “Closing the Department does not mean cutting off funds from those who depend on them—we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs. We’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition.”
What’s Next
It was not immediately clear when a judge may rule on the motion.
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