A federal judge blocked President Donald Trump from dismantling the Department of Education (ED) on Thursday, ruling that it cannot be done without congressional approval.
U.S. District Judge Myong Joun’s order blocks the Trump administration from carrying out the mass-firing at ED announced in March and orders that any employees who were already fired be reinstated.
Joun’s order noted Trump’s repeated calls to shut down the department while on the campaign trail, and argued the reduction in force was his means of doing so.
“The idea that Defendants’ actions are merely a ‘reorganization’ is plainly not true,” Joun wrote.
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U.S. District Judge Myong Joun blocked President Donald Trump’s effort to conduct a massive reduction in force at the Department of Education. (Reuters)
“Defendants do acknowledge, as they must, that the Department cannot be shut down without Congress’s approval, yet they simultaneously claim that their legislative goals (obtaining Congressional approval to shut down the Department) are distinct from their administrative goals (improving efficiency). There is nothing in the record to support these contradictory positions,” his ruling continues.
The DOE rejected Joun’s ruling in a statement to Fox News Digital, labeling him a “far-left judge” who “overstepped his authority.”
“President Trump and the Senate-confirmed Secretary of Education clearly have the authority to make decisions about agency reorganization efforts, not an unelected Judge with a political axe to grind,” spokeswoman Madi Biedermann said in a statement. “This ruling is not in the best interest of American students or families. We will immediately challenge this on an emergency basis.”
Read the full ruling below (App users click here)
The ruling comes just a day after another federal judge blocked Trump’s administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board on Wednesday.
U.S. District Judge Reggie Walton found that allowing unilateral firings would prevent the board from carrying out its purpose.
Walton wrote that allowing at-will removals would make the board “beholden to the very authority it is supposed to oversee on behalf of Congress and the American people.”
The oversight board was initially created by Congress to ensure that federal counterterrorism policies were in line with privacy and civil liberties law.
President Donald Trump’s administration has faced heavy opposition from federal courts. (Brendan Smialowski/AFP via Getty Images)
The two plaintiffs, Travis LeBlanc and Edward Felten, argued in their lawsuit that members of the board cannot be fired without cause. Meanwhile, lawyers for Trump’s administration argued that members of other congressionally created boards do have explicit job protections, and it would therefore be wrong for Walton to create such protections where they are absent.
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“The Constitution gives President Trump the power to remove personnel who exercise his executive authority,” White House spokesman Harrison Fields told The Associated Press. “The Trump Administration looks forward to ultimate victory on the issue.”