21 States Sue Trump to Block Education Department Demolition

Department of Education building. (Edward Johnson)

21 Democratic state attorneys general sued the Trump administration Thursday challenging its effort to dismantle the Department of Education. 

The attorneys general argued that the Trump administration’s plan to cut 50% of the Education Department’s staff will “incapacitate” the department while causing “immense” damage to state education systems.

President Donald Trump repeatedly pledged during the 2024 presidential campaign to eliminate the department. He nominated, and the Senate confirmed, former professional wrestling promoter Linda McMahon as the education secretary. In turn, McMahon said Trump directed her to shut down the Department of Education.

McMahon said earlier this week that cutting almost 2,000 employees was the “first step” toward that goal, but officially eliminating the department would require an act from Congress, as it is the only branch of government that can establish and determine the scope of federal offices.

However, the Trump administration is attempting to get around Congress’ ability to create federal offices by slashing the size of agencies. For the Education Department specifically, Trump has suggested it could be reduced to one employee. 

The state attorneys general argued in their suit that doing so would destroy the department’s ability to fulfill its legally-required functions and violate Congress’ authority. 

“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 lawsuit reads.

The Education Department’s role is primarily financial. Each year, it distributes billions in federal funds to colleges and schools and manages the federal student financial aid and loan system. It also enforces civil rights laws in schools.

The states’ lawsuit is the latest involving the Education Department. It has been included in multiple other lawsuits, including one attempting to block Elon Musk’s Department of Government Efficiency from accessing private data at the Education Department.