Judge blocks Trump’s attempt to shut down Education Department

A federal judge blocked President Trump from unilaterally moving to shut down the Education Department, saying Thursday that Congress created it and only Congress can end it.

Mr. Trump and the department had ordered a major cut in staff, transfer of key programs such as student loans so they would be run by other agencies, and told the department to take all steps to ‘facilitate the closure.”

But Judge Myong J. Joun, a Biden appointee who sits in Massachusetts, said the president lacks the power to do that — at least on his own.

He said the shutdown orders have already ruined some key programs, such as the department’s Office for Civil Rights and its annual tracking of school performance in the National Assessment of Education Progress.

Judge Myong said Congress authorized those programs and the president’s orders have crushed them.

He rejected Mr. Trump’s claims that the shutdown goal notwithstanding, all that’s happening right now is a reorganization. The judge called that “plainly not true.”

“Plaintiffs have demonstrated that the department will not be able to carry out its statutory functions — and in some cases, is already unable to do so,” he ruled. “A preliminary injunction is warranted to return the department to the status quo such that it can comply with its statutory obligations.”

As an example he focused on the Office for Civil Rights, where staff has been cut in half and 7 of 12 regional offices have been shuttered.

Judge Myong said those closures have left the OCR unable to perform the kinds of audits it’s required to do under the law. In one case, a 12-year-old who claims harassment at school has been unable to return until the OCR completes an investigation — but the probe was halted during the staff cuts.

The judge’s ruling clashes with one issued by another federal judge that found the Office for Civil Rights, while trimmed, is able to still meet the minimum activities required by the law.

The Justice Department filed a notice of appeal Thursday evening.

The Education Department has long been a target of ire for conservatives, who say schooling is a properly under the purview of state and local governments that are closer to parents.

Biden administration mandates on LGBTQ issues and diversity, equity and inclusion policies have fueled those concerns.

Democrats have seen the federal department as a backstop to impose standards — both for education and behavior — on students nationwide.

They hailed Thursday’s decision as the latest in a string of lower court defeats for Mr. Trump.

“The Trump administration’s actions amount to an unlawful destruction of the Department of Education, which was created by Congress and can only be undone by Congress,” said Rep. Rosa DeLauro of Connecticut, the top Democrat on the House Appropriations Committee. “This is excellent news for America’s children, 9 out of 10 of whom are educated in public schools.”