HELENA – Montana Attorney General Austin Knudsen led a coalition of 21 states in supporting President Donald J. Trump’s reduction in force (RIF) at the Department of Education, which will ultimately return more authority to state education departments.
The amicus brief was filed on Monday in the case State of New York v. Secretary Linda McMahon. Last month, the Department of Education announced a nearly 50 percent RIF to improve efficiency and better allocate resources to serve students, parents, and teachers across the country. Shortly after, the plaintiffs, 21 Democrat states, sued the Trump Administration. However, Article II of the Constitution gives President Trump the authority to manage Executive Branch employees as he sees fit.
“Article II provides the President with broad authority to manage the federal workforce. The Founders confirmed this authority, and the courts have recognized it for more than two centuries except in limited circumstances not relevant here,” Attorney General Knudsen wrote. “Restricting the President’s ability to place administrative employees on leave or implement reductions in force will cripple both the President and the ability to ensure good government.”
The attorneys general note in their brief that the plaintiffs are not likely to succeed on the merits of the case as the separation of powers supports President Trump’s authority under Article II of the Constitution. Article II grants authority to the Executive Branch to manage the Department of Education’s workforce, which is a critical power and responsibility of the President.
Plaintiffs have also failed to show irreparable harm. For example, plaintiffs allege they will suffer irreparable harm by not receiving guidance from the Department. However, President Trump and the Department recently provided important Title IX guidance that women and girls must be provided fair athletic opportunities under Title IX, but several plaintiff states refused to comply. Plaintiffs cannot claim to rely on guidance they are rejecting.
“Plaintiffs cannot demand reinstatement of employees to provide ‘essential’ guidance upon which they claim to rely, while they are rejecting the essential guidance that is provided,” Attorney General Knudsen wrote.
Finally, while the plaintiffs will not suffer irreparable harm without an injunction, the Trump Administration will suffer irreparable harm with an injunction since the President would be unable to exercise his Article II powers. Additionally, public interest supports the President’s actions as they “will empower states to deliver unprecedented opportunity for every child, regardless of household income or where a child lives.”
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia also joined the brief.
Click here to read the brief.
