High Court Divided Over Executive Authority
While the administration insisted that the lawsuits were based on “speculative” fears, the lower courts weren’t persuaded. The First Circuit previously rejected the administration’s appeal, citing the lack of authority by an executive agency to “self-abolish”.
Unable to prevail there, Trump and McMahon took the fight to the Supreme Court, arguing that any employment-based challenge should go through the Merit Systems Protection Board — a route that does not permit challenges from states or non-federal employees.
The high court’s conservative majority granted the emergency application, effectively setting the precedent that a president may execute sweeping structural changes to an executive agency without Congressional consent — at least temporarily.
Plaintiffs Sound Alarm on Student Impact
In a joint statement Monday, unions and school districts expressed “profound disappointment” at the ruling.
“The administration’s plan will immediately and irreparably harm students, educators, and communities,” the statement said.
Legal counsel for the Education Department did not immediately respond to requests for comment. The New York Attorney General’s Office, which led the states’ challenge, also declined to comment.