Democratic Attorneys General Sue to Save Department of Education

Ryan J. Farrick — March 13, 2025

U.S. Department of Education; image courtesy of Coolcaesar via Wikimedia Commons, https://commons.wikimedia.org

“This outrageous effort to leave students behind and deprive them of a quality education is reckless and illegal,” New York Attorney General Letitia James said.

A coalition of Democratic attorneys general have filed a lawsuit challenging the Trump administration’s decision to begin dismantling the federal Department of Education.

According to The Guardian, the lawsuit was filed by New York Attorney General Letitia James and more than 20 other state attorneys general. The complaint was filed shortly after the Department of Education terminated more than 1,300 employees in a single day—roughly half of the agency’s entire workforce.

“This massive reduction in force (RIF) is equivalent to incapacitating key, statutorily-mandated functions of the Department, causing immense damage to Plaintiff States and their educational systems,” the lawsuit alleges.

The attorneys general emphasized that President Donald Trump and Education Secretary Linda McMahon have “plainly and repeatedly stated” that they intend to eliminate the department in its entirety. However, the lawsuit alleges that the Trump administration cannot simply dictate the dismantling of an agency that has been repeatedly reaffirmed by acts of Congress.

“Here, where Congress has created the Department of Education, the Executive and his agencies cannot incapacitate it, absent Congressional action that directs them to do so,” the lawsuit says.

New York Attorney General and former city council member Letitia James. Image via Wikimedia Commons/user:Matthew Cohen. (CCA-BY-2.0).

“Because neither the President nor his agencies can undo the many acts of Congress that authorize the Department, dictate its responsibilities, and appropriate funds for it to administer, the President’s directive to eliminate the Department of Education […] is an unlawful violation of the separation of powers, and the Executive’s obligation to take care that the law be faithfully executed,” the lawsuit claims.

James and her colleagues say that these reductions will have “devastating effects” on individual states, which receive million to billions of dollars from the Department of Education each year.

“The effective gutting of the Department of Education will result in a wide range of devastating harms for Plaintiff States and their residents that could be neither prevented nor mitigated,” the lawsuit alleges.

In the absence of federal funds, many states will be unable to offer support to vulnerable groups of students, including those with special needs and those from lower-income households.

The dismantling of the Department of Education would also make it more difficult for students to obtain assistance after experiencing discrimination or sexual assault. Furthermore, it could lead to significant delays in the processing of financial aid, affecting every student who receives federal loans or grants.

“This outrageous effort to leave students behind and deprive them of a quality education is reckless and illegal,” James said.

The Trump administration has since defended its reductions.

“President Trump was elected with a mandate from the American public to return education authority to the states. The Department of Education’s reduction in force (RIF) was implemented carefully and in compliance with all applicable regulations and laws,” said Madi Biedermann, the Education Department’s assistant secretary for communications. “They are strategic, internal-facing cuts that will not directly impact students and families.”