July 15, 2025

In an unsigned and unexplained order, the Supreme Court yesterday granted the Orange Tornado's bid to halt pay for 1,400 Education Department employees while his administration pushes forward with plans to dismantle the agency amid a legal showdown with Democratic states. Via Courthouse News Service:

In an apparent 6-3 decision, the high court sided with Trump in the now-familiar fight between executive authority and judicial branch oversight, this time in the context of job cuts at the Education Department.

Justice Sonia Sotomayor led the three liberal justices in dissent, calling the decision indefensible. The Barack Obama appointee said the high court had allowed Trump to usurp congressional authority by firing the employees necessary to carry out democratically passed laws.

“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 wrote.

Sotomayor said her colleagues had misused the emergency docket and warned that allowing Trump to dismantle the Education Department would have grave consequences.

“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,” Sotomayor wrote.

What happens now that SCOTUS has lifted the injunction preserving the Education Department?

•Mass firings will move forward
•Offices will be downsized, transferred to other agencies, or shuttered altogether
•Civil rights adjudication will likely freeze
•Billions in school funding is imperiled

Mark Joseph Stern (@mjsdc.bsky.social) 2025-07-14T19:32:39.160Z

There are myriad functions of the Department of Education that the Executive Branch is required by law to perform.

And the President specifically is required to perform them:

"[The President] shall take Care that the Laws be faithfully executed". - Article II, Section 3 of the Constitution

Gregg Moore (@greggmoore.bsky.social) 2025-07-14T20:57:12.295Z

My quick take on Monday afternoon's unexplained #SCOTUS ruling in the Department of Education downsizing case—and how the justices' inconsistent treatment of the (similarly postured) student loan cases during the Biden administration illustrates in technicolor why the Court needs to explain itself:

Steve Vladeck (@stevevladeck.bsky.social) 2025-07-14T20:45:54.053Z

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