Democratic Attorneys General Sue Trump Administration Over ‘Unconstitutional’ Education Department Layoffs

After the Department of Education cut almost half of its staff this week, the attorneys general of twenty Democratic states led by New York Attorney Letitia James, filed a suit against the Trump Administration.

The lawsuit filed against President Donald Trump and Secretary Linda McMahon on Thursday claims that Trump does not have the authority to defund the Department of Education and that any cuts to the educational system will “cause immense damage”.

Trump had said that he wanted to close the DoEd “immediately.” On Tuesday, it announced that its staff would shrink from 4,133 employees down to 2,183. The remaining workers affected by these reductions will go on administrative leave starting March 21.

Madi Biedermann (Deputy Assistant Secretary of Communications at the U.S. Department of Education) said that in response to the suit, the cuts were “strategic and internal-facing reductions that won’t directly affect students or families.”

Biedermann said, “President Trump’s election was a mandate by the American people to restore education authority to states. The Department of Education implemented its reduction in force in accordance with applicable laws and regulations. These are internal, strategic cuts that will not have a direct impact on students or families.”

Biedermann said no one who works on FAFSA or student loans, Title Funds of the Elementary and Secondary Education Act, Office of Special Education Programs (OSEP), Rehabilitation Services Administration, Office of Special Education Programs, and the Office of Special Education Programs that serve children with special needs was affected.

Biedermann stated that the Office for Civil Rights would continue to investigate civil rights complaints and enforce federal civil laws vigorously.

James, New York Attorney General and vocal Trump critic, said, “This administration claims to stop waste and fraud, but their mission is clear: to remove the services, funding, and resources that students and families need. This outrageous attempt to deprive students of quality education and leave them behind is illegal and reckless.”

James’s security clearance was formally revoked by the Trump Administration just days before.

Other blue states that have sued the Administration include Arizona, California, and Colorado. They also included Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Washington, Wisconsin, and the District of Columbia.

The lawsuit cites former president Ronald Reagan’s efforts to shut down the department. It claims that these actions reflect the “uncontroversial” understanding that only Congress can abolish an agency that it has created.

McMahon acknowledged during her confirmation hearing, in February, that Congressional authorization would be required by the administration to abolish the Department.

The federal government doesn’t control education. It is controlled by the state and local school boards. The workforce reductions are about the opportunity for children, McMahon said. It’s because it’s taking away opportunities from children who do not have them..