Overview:
Democratic attorneys general have filed a lawsuit challenging the Trump administration’s drastic staff cuts at the Department of Education, arguing they unlawfully undermine federally mandated programs and responsibilities.
Twenty democratic states have filed a new lawsuit against Linda McMahon and the Trump administration’s recent staff reduction at the Department of Education, highlighting ongoing concerns about the administration’s broader agenda. This lawsuit accuses the Trump administration of “nullifying” mandates by Congress that require the department to carry out certain functions.
This comes after Linda McMahon and staff announced a reduction in force yesterday, shrinking from 4,133 to approximately 2,183 employees, including nearly 600 who voluntarily resigned or retired. Impacted employees will be placed on administrative leave starting March 21 and will receive full pay, benefits until June 9, and severance or retirement benefits based on their service length.
The Lawsuit Against the Department of Education
The latest legal battle revolves around the Trump administration’s decision to slash the Department of Education’s workforce by 50%, which sparked a lawsuit from multiple states. The lawsuit argues that this massive reduction, announced in a March 11 press release, effectively incapacitates the department and disrupts key functions required by law.
The states included in the lawsuit are New York, Massachusetts, California, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, Rhode Island, Washington State, and Wisconsin.
According to the lawsuit, the Department of Education is crucial in providing funds for low-income students, supporting students with disabilities, enforcing anti-discrimination laws, and administering federal student aid. The decision to cut the department’s staff from 4,133 employees to roughly 2,183 workers, the lawsuit claims, amounts to an unlawful dismantling of the agency.
Illinois AG Kwame Raoul emphasized the widespread impact of such layoffs: “If federal employees are being laid off, they’re not just laying off Democrats, they’re laying off everybody. There’s a ripple effect to all of it, and that’s what we need to lift our voices and speak about.”
The lawsuit further contends that Secretary of Education Linda McMahon’s statement calling the layoffs the “first step” toward a “total shutdown” of the department demonstrates an explicit intent to eliminate an agency created by Congress. The attorneys general argue that the executive branch does not have the authority to dismantle a department without congressional approval.
AG Kris Mayes reinforced this position, stating, “When the federal government and Congress abandon their responsibilities, it falls to us to step up and defend the people that we serve. And that is why we’re doing what we’re doing.”
The Legal Argument Against the Education Department Cuts
The lawsuit argues that the staff reduction violates the Administrative Procedure Act (APA) because it is arbitrary and capricious, lacks proper justification, and directly contradicts statutory mandates. The AGs point out that past attempts to eliminate the Department of Education have required congressional action, and no administration has successfully done so through executive measures alone.
Legal precedent supports the AGs’ case. The Supreme Court has long held that Congress, not the executive branch, has the power to establish and define the functions of federal agencies. The lawsuit cites Myers v. United States (1926), which affirmed that “To Congress under its legislative power is given the establishment of offices [and] the determination of their functions and jurisdiction.”
Moreover, the lawsuit highlights statements from President Trump and Secretary McMahon that suggest a broader goal of abolishing the Department of Education. President Trump has referred to the department as a “big con job” and has stated that he would like to “close it immediately.” Secretary McMahon has echoed these sentiments, asking department employees to assist in its dismantling as their “final, unforgettable public service.”
With the lawsuit now filed, the case is expected to move through the federal courts, where judges will determine whether the administration’s actions violate federal law. Democratic AGs have vowed to continue their efforts to protect government institutions they believe are essential to public welfare.
AG William Tong made it clear that their efforts are far from over: “So, we are on a winning streak just as we were during Trump [1.0], and we will continue to stand up for the rule of law.”
Democratic AGs and Their Role in Opposing Trump Policies
In a recent episode of MSNBC’s Trumpland with Alex Wagner, several Democratic state attorneys general—including Illinois AG Kwame Raoul, New York AG Letitia James, Connecticut AG William Tong, and Arizona AG Kris Mayes—discussed their efforts to combat what they see as the administration’s harmful policies. These AGs have taken an active role in defending programs that support marginalized communities and challenging executive actions they deem unconstitutional.
As Wagner noted, “These attorneys general might be the best and most effective resistance to the Trump agenda. They aren’t part of the federal government, they’re rooted in the states. And now they’re traveling across the country, listening to citizens, and making a case, in court, on their behalf.”
The Democratic AGs have filed numerous lawsuits to block Trump’s policies, arguing that they disproportionately harm vulnerable populations. “Nearly two months into the new Trump administration, one of the only places where Donald Trump’s radical agenda has been stalled is in the courts,” Wagner explained. “And that’s due, in part, to a group of Democratic state attorneys general, who have joined forces to construct a fortified defense around the U.S. Constitution, and it appears to be working.”
New York AG Letitia James stated, “Listen, I believe he’s poked the bear. And I believe that more and more Americans will respond to this crisis.”
