(Washington) The majority of the Conservative Supreme Court provisionally authorized President Donald Trump on Monday to continue his programmed dismantling of the Department of Education as well as his massive reduction in staff.
In March, the Department of Education announced a reduction of almost 50 % of its workforce, shortly before Donald Trump signed a decree giving instruction to the secretary, Linda McMahon, to “start to eliminate the department once and for all”. A project expected and applauded by the American right, but which requires the approval of the congress.
About twenty states as well as teaching unions have suited these decisions to court, arguing that the government violates the principle of separation of powers by encroaching on the prerogatives of the congress.
A Federal Judge of Boston agreed to them in May, suspending the presidential decree and ordering the reintegration of hundreds of licensed officials.
The supreme court of nine judges raised this suspension, against the advice of the three progressives.
Judge Sonia Sotomayor, on behalf of the three progressives, denounced an “indefensible decision”.
“When the executive power announces its intention to violate the law and then puts this promise to execute, the duty of the judiciary is to block this illegality, not to facilitate it,” she writes.
The impact of this announced dismantling is not comparable to what it is in a centralized country where education is managed at the national level. In the United States, this area is already largely in the local authorities.
The American Department of Education nevertheless plays an important role, in particular via federal subsidies to schools located in disadvantaged areas on the economic and social level.
It cannot be completely dismantled without the adoption of a law requiring 60 votes in the Senate, where the Republicans currently have 53 seats.
Last week, the Supreme Court had already paved the way for the massive layoff of federal officials wanted by Donald Trump by raising a decision of a trial court.
