Washington — President Trump’s administration asked the Supreme Court on Friday to clear the way for it to continue with its efforts to dismantle the Department of Education and lay off more than 1,000 employees while a legal fight over the future of the department moves forward.
The Justice Department is seeking the high court’s intervention in a pair of disputes brought by a group of states and school districts and teachers unions, which challenge President Trump’s efforts to unwind the Department of Education. Mr. Trump signed an executive order in March directing Education Secretary Linda McMahon to facilitate the department’s closure to the maximum extent allowed under the law.
As part of Mr. Trump’s pledge to get rid of the department, the administration canceled a host of grants and executed a reduction in force, or a layoff, that impacted 1,378 employees — roughly a third of the department’s workforce. Mr. Trump also announced that the Small Business Administration would take over the Education Department’s student-loan portfolio, and the Department of Health and Human Services would handle special education, nutrition and other related services.
In response to the lawsuits challenging Mr. Trump’s actions, a federal judge in Massachusetts blocked the administration from carrying out its layoffs, finding that the reduction-in-force was a unilateral effort to close the department, which would violate the separation of powers.
The Justice Department asked the U.S. Court of Appeals for the 1st Circuit to pause the lower court’s decision, which is declined to do earlier this week.
In seeking emergency relief from the Supreme Court, Solicitor General D. John Sauer said the district court in Massachusetts “thwarted the Executive Branch’s authority to manage the Department of Education despite lacking jurisdiction to second-guess the Executive’s internal management decisions.”
