By Heather Cox Richardson, July 15, 2025
Without any explanation, the right-wing majority on the Supreme Court yesterday granted a stay on a lower court’s order that the Trump administration could not gut the Department of Education while the issue is in the courts. The majority thus throws the weight of the Supreme Court behind the ability of the Trump administration to get rid of departments established by Congress—a power the Supreme Court denied when President Richard M. Nixon tried it in 1973.
This is a major expansion of presidential power, permitting the president to disregard laws Congress has passed, despite the Constitution’s clear assignment of lawmaking power to Congress alone.
President Donald J. Trump has vowed to eliminate the Department of Education because he claims it pushes “woke” ideology on America’s schoolchildren and that its employees “hate our children.” Running for office, he promised to “return” education to the states. In fact, the Education Department has never set curriculum; it disburses funds for high-poverty schools and educating students with disabilities. It’s also in charge of prohibiting discrimination on the basis of race and sex in schools that get federal funding.
Trump’s secretary of education, professional wrestling promoter Linda McMahon, supports Trump’s plan to dismantle the department. In March the department announced it would lay off 1,378 employees—about half the department. Nineteen states and the District of Columbia sued to stop the layoffs, and Massachusetts federal judge Myong Joun ordered the department to reinstate the fired workers. The Supreme Court has now put that order on hold, permitting the layoffs to go forward.
Justices Ketanji Brown Jackson and Elena Kagan concurred in a dissent written by Justice Sonia Sotomayor, noting that Trump has claimed power to destroy the congressionally established department “by executive fiat” and chastising the right-wing majority for enabling him. “When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it,” they say.
“The President must take care that the laws are faithfully executed, not set out to dismantle them. That basic rule undergirds our Constitution’s separation of powers. Yet today, the majority rewards clear defiance of that core principle with emergency relief.”
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Continue/Read Original Article Here: July 15, 2025 – by Heather Cox Richardson
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