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"The White House is not above the law, and we will never stop fighting on behalf of our students and our public schools and the protections, services, and resources they need to thrive," said one union leader.
A federal judge on Thursday halted the Trump administration's efforts to shut down the U.S. Department of Education and ordered that some 1,300 employees who were let go in March be reinstated.
The department can't be shut down without assent from Congress, yet the "record abundantly reveals that defendants' true intention is to effectively dismantle the department without an authorizing statute," wrote U.S. District Judge Myong Joun.
On March 11, the Trump administration announced it was firing over 1,300 staff, effectively halving the agency when combined with other staff reductions, such as the administration's "Fork in the Road" email, according to court filings.
Then, on March 20, U.S. President Donald Trump signed an executive order aiming to begin the process of closing the DOE "to the maximum extent appropriate and permitted by law," and turning over education to the states and local communities.
On Thursday, the court issued a preliminary injunction prohibiting the Trump administration from carrying out the reductions announced on March 11, and ordered the administration to reinstate those employees. It also bars the Trump administration from implementing the executive order and a related directive given out the following day.
By issuing a preliminary injunction, the court has ruled to keep the status quo in place while the underlying issue is disputed.
The plaintiffs in the suit, who include the Somerville Public School Committee, the Easthampton School District, the American Federation of Teachers (AFT), AFT Massachusetts, American Federation of State, County, and Municipal Employees Council 93, American Association of University Professors (AAUP), and Service Employees International Union (SEIU), cheered the decision on Thursday.
Ilana Krepchin, chair of the Somerville School Committee, said the group is "deeply encouraged" by the court's decision.
AFT Massachusetts president Jessica Tang said that "the White House is not above the law, and we will never stop fighting on behalf of our students and our public schools and the protections, services, and resources they need to thrive."
"Today, the court rightly rejected one of the administration's very first illegal, and consequential, acts: abolishing the federal role in education," added AFT president Randi Weingarten.
In court, the educators, professors, school districts, and unions had argued that by getting rid of the staff required to meet Congress's requirements, the Trump administration was unlawfully abolishing the DOE and its "statutorily mandated" parts. The judge said that the plaintiffs are likely to succeed in demonstrating that the Trump administration is effectively undercutting the DOE ability to carry out its statutory duties.
"A department without enough employees to perform statutorily mandated functions is not a department at all. This court cannot be asked to cover its eyes while the department's employees are continuously fired and units are transferred out until the department becomes a shell of itself," the district court wrote.
The nonprofit legal group Democracy Forward is representing the plaintiffs in court.
Although another case could soon come before the high court, the ACLU still welcomed that, for now, "public schools must remain secular and welcome all students, regardless of faith."
Public education and First Amendment advocates on Thursday celebrated the U.S. Supreme Court's refusal to allow the nation's first religious public charter school in Oklahoma—even though the outcome of this case doesn't rule out the possibility of another attempt to establish such an institution.
"Requiring states to allow religious public schools would dismantle religious freedom and public education as we know it," Cecillia Wang, national legal director of the ACLU, said in a statement about the 4-4 decison. "Today, a core American constitutional value remains in place: Public schools must remain secular and welcome all students, regardless of faith."
Wang's group and other partners had filed a lawsuit over St. Isidore of Seville Catholic Virtual School on behalf of parents, faith leaders, and public school advocates. Her colleague Daniel Mach, director of the ACLU's Program on Freedom of Religion and Belief, declared Thursday that "the very idea of a religious public school is a constitutional oxymoron."
The new one-page opinion states that "the judgment is affirmed by an equally divided court," which means the Oklahoma Supreme Court's June 2024 ruling against St. Isidore remains in place. There are nine members of the U.S. Supreme Court, but Justice Amy Coney Barrett—who is part of its right-wing supermajority—recused herself from this case.
"While Justice Barrett did not provide an explanation for her recusal, it may be because she is close friends with Nicole Stelle Garnett, a professor at Notre Dame Law School who was an early adviser for St. Isidore," The New York Timesnoted. "Although justices sometimes provide reasons when they recuse themselves, they are not required to do so."
Law Dork's Chris Geidner warned that "a new challenge not requiring her recusal could easily return to the court in short order—especially now that the court has shown its interest in taking on the issue."
In this case, as Common Dreams reported during oral arguments last month, Chief Justice John Roberts appeared to be the deciding vote. Geidner pointed out Thursday that while it seems most likely that he sided with the three liberals, "even that could have been as much of a vote to put off a decision as a substantive ruling on the matter."
Some groups happy with the outcome in this case also highlighted that the battle is expected to continue.
"This is a crucial, if narrow, win for constitutional principles," Freedom From Religion Foundation (FFRF) co-president Annie Laurie Gaylor said in a statement. "A publicly funded religious charter school would have obliterated the wall of separation between state and church. We're relieved that, at least for now, the First Amendment still means what it says."
"The fight isn't over," Gaylor added. "The forces trying to undermine our public schools and constitutional freedoms are already regrouping. FFRF will continue to defend secular education and the rights of all Americans to be free from government-imposed religion."
Leading teachers unions also weighed in with both an amicus brief submitted to the high court and Thursday statements.
"Educators and parents know that student success depends on more resources in our public schools, not less. Yet for too long, we have seen anti-public education forces attempt to deprive public school students of necessary funding and support," National Education Association president Becky Pringle said Thursday. "We are gratified that the Supreme Court did not take the radical step of upending public education by requiring states to have religious charter schools."
American Federation of Teachers president Randi Weingarten also welcomed that the high court on Thursday let stand the Oklahoma decision, "which correctly upheld the separation of church and state and backed the founders' intention to place religious pluralism over sectarianism."
"We are grateful that it upheld the state's highest court's clear and unambiguous ruling to preserve and nurture the roots of our democracy, not tear up its very foundations," Weingarten said in a statement. "We respect and honor religious education. It should be separate from public schooling."
"Public schools, including public charter schools, are funded by taxpayer dollars because they are dedicated to helping all—not just some—children have a shot at success," she stressed. "They are the bedrock of our democracy, and states have long worked to ensure that they remain secular, open, and accessible to all."
This article has been updated with comment from the National Education Association.
"The House tax plan would create a system that treats people supporting private K-12 vouchers far more generously than donors to children's hospitals, veterans' groups, and every other cause imaginable."
Embedded in the House GOP's advancing reconciliation package is a major, long-sought victory for school privatization advocates that would let rich funders of vouchers avoid taxation, a change that opponents warned would supercharge the right-wing assault on public education.
The measure, which resembles the GOP-authored Educational Choice for Children Act (ECCA), was tucked into the House Republican tax legislation that passed out of the chamber's Ways and Means Committee earlier this week.
In effect, according to an analysis published Thursday by the Institute on Taxation and Economic Policy (ITEP), the legislation "allows wealthy individuals to avoid paying capital gains tax as a reward for funneling public funds into private schools."
"While the bill significantly cuts charitable giving incentives overall, nonprofits that commit to focusing solely on supporting private K-12 schools would be spared from those cuts and see their donors' tax incentive almost triple relative to what they receive today," ITEP explained. "On top of that, the bill goes out of its way to provide school voucher donors who contribute corporate stock with an extra layer of tax subsidy that works as a lucrative tax shelter."
"The House tax plan would create a system that treats people supporting private K-12 vouchers far more generously than donors to children's hospitals, veterans' groups, and every other cause imaginable," the group added.
ITEP estimated that if the policy had been in effect in 2021, billionaire Elon Musk could have saved $690 million in federal capital gains taxes.
"By putting this arrangement on the books," ITEP said, "the bill's proponents have ensured that there will be an eager pool of wealthy donors lined up to help move public funds into private schools, and to collect their capital gains tax cuts as a reward."
Josh Cowen, a professor of education policy at Michigan State University, said Republicans' effort to ram the tax scheme through as part of their filibuster-proof reconciliation package is a testament to the unpopularity of school privatization at the state and local levels.
"People don't like this stuff," Cowen told Roll Call. "Voters, whether they're Republican or Democrat, look at this stuff, and they're like, what does this really do for me?"
Supporters of school privatization were quick to celebrate the inclusion of tax breaks for voucher donors, with the American Federation for Children applauding Republican leaders for their "relentless commitment to ensuring school choice becomes the law of the land."
The American Federation for Children is funded by the family of billionaire Betsy DeVos, who served as education secretary during President Donald Trump's first term.
The DeVos family is part of a network of deep-pocketed school privatization proponents that has been working for years to siphon taxpayer funding away from public schools and toward private—often religious—institutions.
Randi Weingarten, president of the American Federation of Teachers, toldThe New York Times on Tuesday that voucher supporters "don't believe in public schooling."
"We are against giving people tax breaks to defund public schools," the union leader said. "What you're seeing here is the fragmentation of American education."
The National Education Association, the largest teachers' union in the U.S., has also voiced opposition to the voucher tax break scheme, writing in a letter to members of the House Ways and Means Committee earlier this week that "taxpayer dollars should go to public schools open to all students, not private schools that can pick and choose their students."
"Every time voucher schemes are on state ballots—17 times in total, including three states last November—voters have rejected them," reads the letter. "America cannot afford to fund two education systems, one private and one public."