The Department of Education (DOE) will initiate widespread layoffs following the U.S. Supreme Court’s July 14 ruling permitting the Trump administration to proceed with restructuring the department.
The DOE is expected to lay off nearly 1,400 employees, all members of the American Federation of Government Employees (AFGE) Local 252.
In a 6-3 emergency decision, the Supreme Court lifted lower-court injunctions against Trump’s restructurings, which he called for in a March 20 Executive Order. Closing the Department of Education, Trump’s order said, will improve educational services, programs, and benefits by returning the authority to administer them to the states.
The DOE’s being allowed to proceed with Trump’s reduction in force (RIF) plans was highly criticized by the Supreme Court’s three Democratic Party-appointed justices –– Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. While the conservative-led majority did not explain their reasoning for allowing the administration to proceed with its layoffs, the dissenters clarified their objections.
“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,” Judge Sotomayor wrote. “Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department. That decision is indefensible.”
Future me’s
Sheria Smith, president of AFGE Local 252, is one of the DOE employees set to be laid off. Smith told CNN’s “The Situation Room with Wolf Blitzer” that she and the other workers have, to this day, not been given a reason for their job terminations. There are no performance write-ups against them, and the layoffs don’t appear to be based on seniority.
“I have a range of emotions,” Smith told Wolf Blitzer. “The first one is disappointment. I’m a lawyer by trade, and I live for Supreme Court decisions, at least to have reasoning. So, to have the six justices just allow this to happen without even explaining their decision is extremely disappointing.
“Then I go into anger, anger [because] since the beginning of this administration, [they have misrepresented] what we actually do. There’s so many statements about returning education to the states. But, Wolf, I was a teacher. Education curriculum, teacher quality testing have always been with the states. What our department does and did was fund school districts, fund colleges, fund schools, and fund American citizens who are pursuing their education. And it is extremely anger-inducing that this misrepresentation of what we do and how important our work is, is perpetuated and is not being corrected, even by the highest court of our land.”
“And then I go to sadness. I’m a recipient or product of Title I schools. I’m a recipient of Pell Grants. And I think about how there will not be future me’s. People who are coming from working-class families, who want a different way of life, who want to improve their life choices through education, this administration is making it harder.”
Decisions about staffing levels
The Education Department mainly enforces regulations and offers funding and services that states cannot or will not provide. The Associated Press has reported that the DOE could now send federal student loans to the Treasury Department. “The Education Department said it had been negotiating a contract with the Treasury but paused discussions when the court intervened. That work is now expected to proceed in coming days,” the AP said. “Under a separate arrangement, nine Education Department workers already have been detailed to Treasury, according to a court filing.
“At her Senate confirmation hearing, McMahon suggested that enforcement of the Individuals with Disabilities Education Act could be handled by the Department of Health and Human Services. Civil rights work could be managed by the Justice Department, she said.”
Secretary McMahon praised the Supreme Court decision when it was sent down. In a statement, she said, “Today, the Supreme Court again confirmed the obvious: the president of the United States, as the head of the Executive Branch, has the ultimate authority to make decisions about staffing levels, administrative organization, and day-to-day operations of federal agencies. While today’s ruling is a significant win for students and families, it is a shame that the highest court in the land had to step in to allow President Trump to advance the reforms Americans elected him to deliver using the authorities granted to him by the U.S. Constitution.
“The U.S. Department of Education will now deliver on its mandate to restore excellence in American education. We will carry out the reduction in force to promote efficiency and accountability and to ensure resources are directed where they matter most – to students, parents, and teachers. As we return education to the states, this Administration will continue to perform all statutory duties while empowering families and teachers by reducing education bureaucracy.”
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