21 state attorneys general sue to block Department of Education’s dismantling

A group of 21 Democratic attorneys general are suing the Trump administration to block the dismantling of the Department of Education, alleging the firing of 50% of its employees “incapacitates” the department’s ability to compete its legally-required functions.

The lawsuit – filed in Massachusetts federal court – asks a judge to immediately pause the Trump administration’s mass firings and declare that the dismantling of the Department of Education is unlawful.

“This massive reduction in force is equivalent to incapacitating key, statutorily mandated functions of the Department, causing immense damage to Plaintiff States and their educational systems,” the lawsuit said. “Far from being just a ‘first step,’ the layoffs are an effective dismantling of the Department.”

The attorneys general allege that the twenty states and District of Columbia who brought the case would suffer irreparable harm from the dismantling of the Department, arguing the federal government is ” deeply intertwined” with their education systems through funding for low-income children, support for students with disabilities, federal student aid, and laws that prevent discrimination in education.

According to the lawsuit, the reduction in force would prevent the department from completing its legally mandated functions, and that neither President Donald Trump nor Education Secretary Linda McMahon have the authority to break down a department created by Congress.

“This massive RIF is not supported by any actual reasoning or specific determinations about how to eliminate purported waste in the Department—rather, the RIF is part and parcel of President Trump’s and Secretary McMahon’s opposition to the Department of Education’s entire existence,” the lawsuit said.

The DOE began sending “reduction in force” notifications on Tuesday night, impacting about 1,315 employees so far. The agency said it will “continue to deliver on all statutory programs that fall under the agency’s purview, including formula funding, student loans, Pell Grants, funding for special needs students, and competitive grantmaking.”

This is a developing story. Check back for updates.