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President Donald Trump’s administration on Friday asked the Supreme Court to pause a court order to reinstate Education Department employees who were fired in mass layoffs as part of his plan to dismantle the agency.
The Justice Departments emergency appeal to the high court said U.S. District Judge Myong Joun in Boston exceeded his authority last month when he issued a preliminary injunction reversing the layoffs of nearly 1,400 people and putting the broader plan on hold.
Jouns order has blocked one of the Republican presidents biggest campaign promises and effectively stalled the effort to wind down the department. A federal appeals court refused to put the order on hold while the administration appealed.
The judge wrote that the layoffs will likely cripple the department.
But Solicitor General D. John Sauer wrote on Friday that Joun was substituting his policy preferences for those of the Trump administration.
The layoffs help put in the place the policy of streamlining the department and eliminating discretionary functions that, in the administrations view, are better left to the states, Sauer wrote.
He also pointed out that the Supreme Court in April voted 5-4 to block Joun’s earlier order seeking to keep in place Education Department teacher-training grants.
The current case involves two consolidated lawsuits that said Trumps plan amounted to an illegal closure of the Education Department.
One suit was filed by the Somerville and Easthampton school districts in Massachusetts along with the American Federation of Teachers and other education groups. The other suit was filed by a coalition of 21 Democratic attorneys general.
The suits argued that layoffs left the department unable to carry out responsibilities required by Congress, including duties to support special education, distribute financial aid and enforce civil rights laws.
Education Department employees who were targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agencys staff. Jouns order prevents the department from fully terminating them, but none have been allowed to return to work, according to the American Federation of Government Employees Local 252. Without Jouns order, the workers were scheduled to be terminated Monday.
The Education Department said Friday it is actively assessing how to reintegrate the employees. A department email sent Friday asked them to share whether they had gained other employment, saying the request was meant to support a smooth and informed return to duty.
Trump has made it a priority to shut down the Education Department, though he has acknowledged that only Congress has the authority to do that. In the meantime, Trump issued a March order directing Education Secretary Linda McMahon to wind it down to the maximum extent appropriate and permitted by law.
Trump later said the departments functions will be parceled to other agencies, suggesting that federal student loans should be managed by the Small Business Administration and programs involving students with disabilities would be absorbed by the Department of Health and Human Services. Those changes have not yet happened.
The president argues that the Education Department has been overtaken by liberals and has failed to spur improvements to the nations lagging academic scores. He has promised to return education to the states.
Opponents note that K-12 education is already mostly overseen by states and cities.
Democrats have blasted the Trump administrations Education Department budget, which seeks a 15% budget cut including a $4.5 billion cut in K-12 funding as part of the agencys downsizing.
