U.S. Supreme Court Justice Sonia Sotomayor on Monday delivered a blistering dissent to an emergency decision that enables President Donald Trump to plow ahead with laying off nearly 1,400 employees at the Department of Education while a case challenging the plan plays out.
“This case arises out of the president’s unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago,” wrote Sotomayor, joined by her liberals, Justices Elena Kagan and Ketanji Brown Jackson. “As Congress mandated, the department plays a vital role in this nation’s education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.”
“Only Congress has the power to abolish the department,” she continued, calling out Trump’s executive order and Education Secretary Linda McMahon’s subsequent move to fire half the agency’s workforce. “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.”
Sotomayor explained that “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,” she argued. “It hands the executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave. Unable to join in this misuse of our emergency docket, I respectfully dissent.”
https://www.commondreams.org/news/department-of-education-trump
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