This move follows Trump's executive order, signed last Thursday, which mandates the education secretary to "take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities," as far as legally permissible.
According to Newsweek, the executive order has sparked a legal battle, with James leading the charge. A seasoned adversary of Trump, James has a track record of challenging the former president's policies, particularly in areas such as immigration and environmental regulations. Her legal confrontations with Trump include a civil fraud lawsuit filed in 2022, accusing Trump's company of deceiving financial institutions and insurers by inflating asset values and his net worth to secure loans and deals. This case resulted in a judgment that, with interest, has swelled to over $500 million. Trump, however, has denied any wrongdoing and is currently appealing the decision.
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On March 13, James, together with 20 other Democratic attorneys general, filed a federal lawsuit in Massachusetts. They are contesting the Trump administration's sweeping layoffs within the Department of Education, arguing that it equates to an unlawful disintegration of an agency established by Congress. The attorneys general are seeking a court order to halt the mass layoffs and the transfer of student loan management and special education services outside the department.
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President Trump, in a press briefing last Friday, stated that the student loans portfolio would be managed by the Small Business Administration, while special needs and nutrition programs would be overseen by the Department of Health and Human Services. The attorneys general, however, argue that the Trump administration's efforts to dismantle the department are both illegal and unconstitutional.
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"The Executive Branch cannot abolish the Department or any of its statutorily mandated components by eliminating the staff required to meet Congress' requirements," the motion reads. "Similarly, the President has no power to unilaterally and immediately transfer functions Congress assigned to the Department by statute." The motion further contends that the mass layoffs violate the Administrative Procedures Act, a law designed to guard against actions that may be considered "arbitrary and capricious."
In a statement issued on Monday, Attorney General Letitia James said, "The Trump administration's illegal cuts to the Department of Education are an attack on our educators, our schools, and our students. We sued to stop Trump from dismantling the Department of Education, and today we are seeking a court order to protect students and their families. As a proud product of New York public schools, I will continue to defend our schools and all those who depend on them."
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President Trump, on the other hand, defended his actions last Thursday, stating, "Beyond these core necessities, my administration will take all lawful steps to shut down the department. We're going to shut it down and shut it down as quickly as possible. It's doing us no good. We want to return our students to the states, where just some of the governors here are so happy about this. They want education to come back to them, to come back to the states and they're going to do a phenomenal job."
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Education Secretary Linda McMahon echoed Trump's sentiments, assuring, "Closing the Department does not mean cutting off funds from those who depend on them—we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs. We're going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition."
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The timeline for a judicial ruling on the motion remains uncertain. This legal battle underscores the ongoing tension between the Trump administration's push for decentralization and the Democrats' commitment to preserving federal oversight in education.
