In a significant ruling, the US Supreme Court has enabled President Donald Trump to proceed with dismantling the Department of Education. The conservative majority in the court overruled a lower court injunction that had mandated the return of 1,400 employees. This action comes on the heels of last week's ruling permitting Trump to proceed with an expansive plan to reduce the federal workforce.
Monday's decision did not set out the justification, but it will stand during the continuation of the case on appeal. The liberals on the court dissented vigorously, threatening draconian constitutional consequences. The case is one element in Trump's broader attempt to decimate or cripple federal agencies formed by Congress.
The Trump administration filed an emergency motion to suspend the lower court's ruling. The Supreme Court granted the motion, and Trump's purge of the Education Department will continue. That is, about 1,400 employees won't be restored for the time being.
A lower court had ordered that the reductions would disable the department from operating according to US law. But the Supreme Court's ruling now supersedes that temporarily.
The court's three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—disagreed vehemently. Sotomayor labelled the ruling "indefensible" and warned it essentially grants the President the authority to overturn laws by removing those who implement them.
She stated that the decision poses a "grave" threat to the separation of powers in the Constitution. The majority provided no written rationale.
Education Secretary Linda McMahon announced on March 11 staff reductions. A week later, Trump signed a far-reaching executive order on March 20 to shut the department. The order directed McMahon to do whatever it takes, within the law, to close the agency.
McMahon defended the Supreme Court's order that the president has complete jurisdiction over staffing and agency functions.
Two lawsuits are contesting the action. One was initiated by states controlled by Democrats. The second was filed by Massachusetts unions and public schools. Their attorneys say the purge is illegal and hazardous to students.
Skye Perryman, head of Democracy Forward, described the ruling as a "devastating blow" to America's promise of public education.
In May, US District Judge Myong Joun said Trump's plan would likely "cripple" the department. He stated that stripping employees and transferring programs to other agencies essentially abolishes the department.
"A department without sufficient employees to carry out statutorily required functions is not a department at all," Joun wrote.
The Boston-based 1st Circuit Court of Appeals had denied blocking Joun's ruling, but Trump took the issue to the Supreme Court. Although the ruling provides Trump with a temporary green light, legal challenges persist.
This case, similar to others on issues such as agencies like the Consumer Financial Protection Bureau and USAID, raises concerns about whether the president can unilaterally disassemble institutions established by Congress.
