House Democrats’ Litigation Task Force Leads 170+ Members of Congress in Amicus Brief, Arguing Trump Cannot Dismantle Department of Education

Washington, D.C. – Litigation Task Force Chair Joe Neguse and Ranking Member Jamie Raskin, along with House Democratic Leader Hakeem Jeffries, Ranking Members Robert C. “Bobby” Scott and Rosa L. DeLauro, and Senators Chuck Schumer (D-NY) and Elizabeth Warren (D-MA) led 172 of their colleagues in submitting an amicus brief for NAACP v. US, arguing to the United States District Court District of Maryland that President Trump’s attempts to dismantle the Department of Education (ED) violate separation of powers and lack constitutional authority. 

On March 20, 2025, President Trump signed an executive order instructing Education Secretary Linda McMahon to “take all necessary steps” to abolish ED. This came after the Trump Administration carried out a series of actions dismantling the Department, including mass firings of ED employees, the termination of contracts for congressionally authorized programs and activities, and the removal of crucial protections for student loan borrowers, while announcing plans to reorganize key ED functions into different departments. 

On March 24, 2025, a coalition of plaintiffs, including the National Association for the Advancement of Colored People (NAACP), the National Education Association (NEA), the American Federation of State, County, and Municipal Employees (AFSCME) Maryland Council 3, and others, filed a lawsuit to halt the Trump Administration’s illegal efforts to dismantle ED. The lawsuit argues that dismantling a Congressionally created federal agency requires Congressional approval. 

The lawmakers wrote, “Since the Department was created, presidents have taken different views of the Department and the role the federal government should play in education policy, but none has attempted what President Trump is attempting here: to unilaterally shutter the department… In short, the ‘President’s power, if any, to issue an order’ abolishing the Education Department ‘must stem either from an act of Congress or from the Constitution itself.’ Here, President Trump’s effort to unilaterally dismantle the Education Department defies the express will of Congress. Defendants lack the power to do what only Congress can do—restructure the federal government by shuttering a government department.”  

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