by Mish Shedlock, Mish Talk:
As expected Trump Signs Order to Begin Dismantling Education Department.
President Trump signed a much-anticipated executive order directing Education Secretary Linda McMahon to dismantle the Education Department, escalating a bitter political fight over the future of the agency.
“See you in court,” Randi Weingarten, president of the American Federation of Teachers, said Thursday. The union has been a fierce critic of the administration’s push to scale back the agency.
TRUTH LIVES on at https://sgtreport.tv/
How would Trump’s order change the department?
In the executive order, Trump directed McMahon to “take all necessary steps to facilitate the closure” of the department, “to the maximum extent appropriate and permitted by law.” It calls for education authority to be sent to states “while ensuring the effective and uninterrupted delivery of services, programs and benefits on which Americans rely.”
Does the order affect student loans or school curriculum?
At the moment, the impact will probably be minimal. The department doesn’t run schools.
White House press secretary Karoline Leavitt told reporters Thursday that the department would still oversee major programs including student loans and major funding streams for schools. Trump said during the signing ceremony that many of the agency’s largest programs would be preserved.
Can Trump legally close the department?
He can’t do so entirely on his own and there are open legal questions about just how far Trump can go without Congress. While Republicans hold a 53-47 majority in the Senate, it is unlikely they would be able to gain support from Democrats to reach a filibuster-proof 60-vote majority to completely unwind the agency.
McMahon, a former head of the Small Business Administration during Trump’s first term, said during her confirmation hearing that the department clearly couldn’t be shut down without Congress.
One lawsuit by a coalition of Democratic attorneys general asserts that the mass reduction in force has illegally dismantled the department. Another lawsuit, by parents of students with disabilities, says that the cuts means those students’ rights won’t be protected.
There are also two suits that claim that Trump has illegally canceled grants to support teacher quality. Plaintiffs in both those cases have won preliminary victories.
A recent Wall Street Journal poll found about 60% of Americans are opposed to closing the department.
Clever Directive
The directive cleverly says “to the maximum extent appropriate and permitted by law.”
That’s an admirable objective in these eyes.
But where are the boundaries?
The Journal notes Plaintiffs in two cases have won preliminary victories in court.
Trump will likely succeed on some points. However, if Trump tries to shut down something authorized and funded by Congress, he will lose those cases in court, and deservedly so.
I say “deservedly so”, despite the fact I approve eliminating the Department of Education, because Trump is not above the law.
Should Congress Eliminate the US Department of Education?
On March 19, I asked Should Congress Eliminate the US Department of Education?
The answer to the question is yes, of course. Let’s discuss why.
Properly executed, I am 100 percent in favor of efforts to abolish the Department of Education. But good luck doing it by Executive Order.
See above link for discussion.
The Legal Approach
Many of Trump’s executive orders can be bundled into a package and passed in Congress on a simple majority reconciliation vote, not subject to filibuster, if only Trump would go that route.
I don’t know if Trump would get everything he wants, but he would get many things he wants.
I propose two separate bills, one for the border and these kinds of actions, and a second one for tax policy.
Meanwhile, I wish Trump success “to the maximum extent appropriate and permitted by law.”
However, the courts, not Trump will decide what that means. Republicans could decide if only they would take a legal route.
