By John Kruzel
WASHINGTON (Reuters) -Donald Trump’s administration asked the U.S. Supreme Court on Friday to permit it to proceed with dismantling the Department of Education, a move that would leave school policy in the United States almost entirely in the hands of states and local boards.
The Justice Department asked the court to halt Boston-based U.S. District Judge Myong Joun’s May 22 ruling that ordered the administration reinstate employees terminated in a mass layoff and end further actions to shutter the department.
The Justice Department said the lower court lacked jurisdiction to “second-guess the Executive’s internal management decisions,” referring to the federal government’s executive branch.
“The government has been crystal clear in acknowledging that only Congress can eliminate the Department of Education. And the government has acknowledged the need to retain sufficient staff to continue fulfilling statutorily mandated functions and has kept the personnel that, in its judgment, are necessary for those tasks. The challenged (reduction in force) is fully consistent with that approach,” the filing said.
The department, created by a U.S. law passed by Congress in 1979, oversees about 100,000 public and 34,000 private schools in the United States, though more than 85% of public school funding comes from state and local governments.
It provides federal grants for needy schools and programs, including money to pay teachers of children with special needs, fund arts programs and replace outdated infrastructure. It also oversees the $1.6 trillion in student loans held by tens of millions of Americans who cannot afford to pay for college outright.
Trump’s move to dismantle the department is part of the Republican president’s campaign to downsize and reshape the federal government. Closing the department long has been a goal of many U.S. conservatives.
Attorneys general from 20 states and the District of Columbia, as well as school districts and unions representing teachers, sued to block the Trump administration’s efforts to gut the department. The states argued that the massive job cuts will render the agency unable to perform core functions authorized by statute, including in the civil rights arena, effectively usurping Congress’s authority in violation of the U.S. Constitution.
Trump on March 20 signed an executive order intended to effectively shut down the department, making good on a longstanding campaign promise to conservatives to move education policy almost completely to states and local boards. At a White House ceremony surrounded by children and educators, Trump called the order a first step “to eliminate” the department.
Secretary of Education Linda McMahon announced plans on March 11 to carry out a mass termination of employees. Those layoffs would leave the department with 2,183 workers, down from 4,133 when Trump took office in January. The department said in a press release those terminations were part of its “final mission.”
Trump on March 21 announced plans to transfer the department’s student loan portfolio to the Small Business Administration and its special education, nutrition and related services to the U.S. Department of Health and Human Services, which also is facing deep job cuts.
Joun in his ruling ordered the administration to reinstate the laid off workers and halt implementation of Trump’s directive to transfer student loans and special needs programs to other federal agencies.
The judge rejected the argument put forth by Justice Department lawyers that the mass terminations were aimed at making the department more efficient while fulfilling its mission. In fact, Joun ruled, the job cuts were an effort to shut down the department without the necessary approval of Congress.
“This court cannot be asked to cover its eyes while the department’s employees are continuously fired and units are transferred out until the department becomes a shell of itself,” the judge wrote.
White House spokesperson Harrison Fields called the judge’s ruling “misguided.”
The Boston-based 1st U.S. Circuit Court of Appeals on June 4 rejected the Trump administration’s request to pause the injunction issued by Joun.
(Reporting by John Kruzel;)
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