The judicial course of the Supreme end, but not the streak of victories that is providing Donald Trump. The last one arrived on Monday, when the High Court allowed its administration to proceed with the mass dismissals of officials of the Department of Education, and with these, to the dismantling of the agency, an old aspiration of the president of the United States and one of the promises of the
What the conservative majority resolved is to raise the precautionary measure of a federal judge, who opposed those layoffs while the final decision came. It is an emergency failure, which was resolved with a 6-3, and as such, it was not mandatory
The three liberal judges, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson, did reserve the right to protest to the decision of her conservative fellow fellow, three of which Trump appointed in her first mandate.
The resolution, considers Sotomayor on behalf of the three magistrates, is “indefensible.” “The majority, either voluntarily ignores the implications of their ruling or is naive, but in any case, the threat to the separation of powers of our Constitution is serious.”
The Supreme Court takes the opposite to the Federal District Judge of Massachusetts Myong Joun, who ruled in May that Trump needed the authorization of the Congress so that the dismissal of some 1,400 officials, ordered in March, was legal. This Monday’s failure does not definitively resolve the substantive issue, but it does allow these workers to be thrown while the process continues. It is very possible that many of those employees are already in other sectors when a judge orders their readmission, if it arrives.
Last week, the Supreme Court allowed the Trump administration to continue with the layoffs of federal employees on a large scale, and that immediately led to the expulsion of hundreds of officials from the State Department.
Authoritarian derives
On the last day of the course, at the end of June, the High Court gave what is surely the most important judicial victory for Trump in its first six months in the White House at the end of the federal judges of stopping their agenda at the blow of precautionary suspensions of the entry into force of their presidential decrees. In practice, the ruling extended Trump’s options to advance with his authoritarian agenda.
Since his return to the White House, Trump has imposed the mission and end the Department of Education, in front of the one who put the former professional wrestling Linda McMahon with the commission of doing “a great job”, which in his case, said the president then, consists in “running out of work”. On March 20, the Republican signed a decree in which he asked McMahon to begin the closure of the agency, which exists since 1979, in the time of Jimmy Carter, and has been in the spotlight of the Republicans for decades. “We are going to close it, and we will do it as quickly as possible,” Trump said that day.
Judge Joun, a Biden appointment, ordered the Trump administration to readjust the employees dismissed as a result of that executive order, while the case was resolved. On June 4, the First Circuit Court of Appeals proved Joun. The Trump administration then went to the Supreme Court to ask him to do what he finally did this Monday.
It is not in the hand of McMahon to demolish the Department of Education, a decision that requires the approval of the Congress. is to reduce it to its minimum expression within what the law allows; that is, strip it of some of its functions to manage other parts of the administration.
The powers of the Department of Education are not as broad as those of similar European agencies. He does not decide on educational plans, that is a matter of states, nor does he order teachers to teach. Those responsible are responsible for the federal financing of primary and secondary schools, although they do not set their educational curricula; They manage student loans, investigate complaints about discrimination and examine the national progress of reading skills and mathematics. They also handle federal subsidies worth 18.4 billion dollars, and contribute to the financing of primary and secondary schools in poor areas. They also have a program (15.5 billion) to help the education of students with disabilities.
To justify the order of its closure, Trump said in March that the Department of Education did not comply with its mission. “The United States spends more money on education, by far, than any other country, and spends, also, by far, more money for a student than any country, but we occupy one of the last positions of the list in terms of success,” he said during the firm’s act. This Monday, the supreme has opened the door to fulfill his desire to demolish another federal agency.
