The Supreme Court has granted President Donald Trump’s request to halt the reinstatement of millions of dollars in Department of Education grants that the government targeted over concerns about diversity, equity, and inclusion (DEI) programs.
The Supreme Court’s order blocks another order from a federal judge in Massachusetts and keeps it on hold pending the outcome of an appeal in the U.S. Court of Appeals for the First Circuit. The court indicated it may grant certiorari, or take up the case for more thorough consideration of the legal arguments involved.
In its unsigned opinion, the Supreme Court seemed concerned that the federal government would face irreparable harm if it were forced to disburse the grants. It said the plaintiffs in the case, which included eight states, had “not refuted the Government’s representation that it is unlikely to recover the grant funds once they are disbursed.”
The opinion added that the plaintiffs “have represented in this litigation that they have the financial wherewithal to keep their programs running.”
“So, if respondents ultimately prevail, they can recover any wrongfully withheld funds through suit in an appropriate forum,” the opinion stated.
Kagan said in her dissent that “the Court’s reasoning is at the least under-developed, and very possibly wrong.” She added that “nothing about this case demanded our immediate intervention.”
Jackson similarly suggested the court acted too quickly. “It is beyond puzzling that a majority of Justices conceive of the Government’s application as an emergency,” she said.
Part of her dissent took issue with the court assuming jurisdiction over the order, which was issued as a temporary restraining order (TRO). Those are not appealable, she said.
Although the unsigned opinion acknowledged that appellate courts generally lack jurisdiction over TROs, it said Joun’s order “carries many of the hallmarks of a preliminary injunction” and indicated it should be construed as that type of order rather than a TRO.
Since entering his second term, Trump has issued multiple executive orders targeting DEI.
One titled “Ending Radical Indoctrination in K-12 Schooling” stated that the administration would “enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights, including Title VI of the Civil Rights Act of 1964.”
Harris stated in her briefing that in February, the Department of Education “canceled a host of discretionary grants after individually reviewing them and determining that they were inconsistent with the new Administration’s policies and priorities.”