Attorney General James Wins Court Order Stopping Dismantling of Department of Education

NEW YORK – New York Attorney General Letitia James today won a court order stopping the Trump administration’s attempts to dismantle the Department of Education (ED). On March 13, Attorney General James led a coalition of 20 other attorneys general in suing the administration after it announced plans to eliminate 50 percent of ED’s workforce. Following a March 20 executive order directing the closure of ED and President Trump’s March 21 announcement that, in addition to implementing layoffs, the Department must “immediately” transfer student loan management and special education services outside of the Department, Attorney General James and the coalition sought a preliminary injunction to immediately stop the mass layoffs and transfer of services. Today the U.S. District Court for the District of Massachusetts granted the preliminary injunction, halting the administration’s policies that would dismantle ED and ordering all employees who were fired as part of the layoffs to be reinstated. 

“This administration’s illegal cuts to the Department of Education are an attack on every student’s access to a quality education,” said Attorney General James. “Today we successfully put a stop to this outrageous attempt to leave our students behind and deprive our schools and teachers of the resources they need. As a proud graduate of New York public schools, I will continue to protect our schools and the critical services they provide to our communities.” 

Attorney General James and the coalition argued in their lawsuit and motion for a preliminary injunction that the administration’s attacks on ED are illegal and unconstitutional. The ED is an executive agency authorized by Congress, with numerous laws creating its various programs and funding streams. The coalition’s lawsuit asserts that the executive branch does not have the legal authority to unilaterally dismantle it without an act of Congress. In addition, Attorney General James and the coalition argue that ED’s mass layoffs violate the Administrative Procedures Act.

Joining Attorney General James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.