The Trump administration has filed an emergency appeal with the Supreme Court seeking approval to slash hundreds of millions of dollars in grants from the Education Department as part of its efforts to crack down on diversity, equity and inclusion initiatives within the department.
The Justice Department is asking the court to lift a nationwide injunction which is preventing it from terminating the grants under two federal programs.
Earlier this month, Boston-based U.S. District Judge Myong Joun ordered the Trump administration to restore the grants – via a temporary restraining order — which are disseminated via the Teacher Quality Partnership (TQP) and Supporting Effective Educator Development (SEED) programs.
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Days later the 1st U.S. Circuit Court of Appeals declined to pause Joun’s order, leading to today’s filing.
Eight states, including California, accused the Linda McMahon-led department of illegally the grants that Congress had established as a solution to critical teacher shortages, especially in rural and underserved communities. The grants provide more than $600 million in grants for teacher preparation programs, often in subject areas such as math, science and special education, the states have argued.
The Trump administration blasted the injunction in its filing and argued that federal courts were exceeding their jurisdiction.
“This case exemplifies a flood of recent suits that raise the question: Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) millions in taxpayer dollars?” acting Solicitor General Sarah Harris wrote.
“Unless and until this court addresses that question, federal district courts will continue exceeding their jurisdiction by ordering the executive branch to restore lawfully terminated grants across the government, keep paying for programs that the executive branch views as inconsistent with the interests of the United States, and send out the door taxpayer money that may never be clawed back.”
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The filing argues that the case presents an “ideal candidate” for the Supreme Court to impose restraint on federal courts.
“This court should put a swift end to federal district courts’ unconstitutional reign as self-appointed managers of executive branch funding and grant-disbursement decisions.”
The appeal will go to Justice Jackson based on jurisdiction, and she will likely ask her colleagues to weigh in. A briefing schedule will be set and an order on temporary enforcement will follow.
The Supreme Court is requesting a response by the opposing parties by Friday at 4 p.m. As well as the state of California, the opposing parties are Massachusetts, New Jersey, Colorado, Illinois, Maryland, New York and Wisconsin.
The Education Department previously said the programs teach “divisive ideologies” such as diversity, equity, and inclusion (DEI) and the “instruction on white privilege and white supremacy.”
The Republican president signed an executive order calling for the dismantling of the Education Department, and his administration has started overhauling much of its work, including cutting dozens of contracts it dismissed as “woke” and wasteful.
A wave of lawsuits has slowed down the Trump administration’s agenda with the Justice Department filing four other emergency appeals of court rulings, including in relation to birthright citizenship and an appeal to halt an order requiring the rehiring of thousands of federal workers.
The justices previously rejected a bid to freeze nearly $2 billion in foreign aid and did not immediately allow Trump’s firing to proceed of the head of a federal watchdog agency.
Reuters and The Associated Press contributed to this report.
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